Judgment of the General Court of 30 March 2022 – Cathay Pacific Airways v Commission
(Case T-343/17) 1
(Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction)
Language of the case: English
Parties
Applicant: Cathay Pacific Airways Ltd (Hong Kong, China) (represented by: R. Kreisberger, QC, N. Grubeck, Barrister, M. Rees, Solicitor, and E. Estellon, lawyer)
Defendant: European Commission (represented by: A. Dawes and C. Urraca Caviedes, acting as Agents, and by J. Holmes, QC)
Re:
Application pursuant to Article 263 TFEU for the annulment of Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case AT.39258 – Airfreight) in so far as it relates to the applicant and, in the alternative, for a reduction in the fine imposed on it.
Operative part of the judgment
The Court:
Annuls Article 1(1)(g) and (4)(g) of Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case AT.39258 – Airfreight);
Sets the amount of the fine imposed on Cathay Pacific Airways Ltd in Article 3(g) of that decision at EUR 47 040 000;
Dismisses the action as to the remainder;
Orders Cathay Pacific Airways to bear one third of its own costs;
Orders the European Commission to bear its own costs and to pay two thirds of the costs incurred by Cathay Pacific Airways.
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1 OJ C 239, 24.7.2017.