Judgment of the General Court of 16 December 2015 — Latam Airlines Group and Lan Cargo v Commission
(Case T-40/11) 1
(Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)
Language of the case: English
Parties
Applicants: Latam Airlines Group SA, formerly Lan Airlines SA (Santiago, Chile); and Lan Cargo SA (Santiago) (represented by: B. Hartnett, Barrister, and O. Geiss, lawyer)
Defendant: European Commission (represented initially by S. Noë, N. von Lingen and G. Koleva, and subsequently by G. Koleva and A. Dawes, acting as Agents, and by G. Peretz, Barrister)
Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón and M. Simm, acting as Agents)
Re:
Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight), in so far as it concerns the applicants, and, in the alternative, for the reduction of the fine imposed on the applicants.
Operative part of the judgment
The Court:
Annuls Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight), in so far as it concerns Latam Airlines Group SA, formerly Lan Airlines SA, and Lan Cargo SA;
Orders the European Commission to bear its own costs and to pay those of Latam Airlines Group and Lan Cargo;
Orders the Council of the European Union to bear its own costs.
____________1 OJ C 80, 12.3.2011.