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Case T-323/17: Judgment of the General Court of 30 March 2022 — Martinair Holland v Commission (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 Switzerland on Air Transport — Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) — Exchange of information — Territorial jurisdiction of the Commission — Single and continuous infringement — Equal treatment — Obligation to state reasons)
ECLI:EU:UNKNOWN:62017TA0323
62017TA0323
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Official Journal of the European Union
C 207/22
(Case T-323/17) (*)
(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 Switzerland on Air Transport - Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) - Exchange of information - Territorial jurisdiction of the Commission - Single and continuous infringement - Equal treatment - Obligation to state reasons)
(2022/C 207/30)
Language of the case: English
Parties
Applicant: Martinair Holland NV (Haarlemmermeer, Netherlands) (represented by: M. Smeets, lawyer)
Defendant: European Commission (represented by: A. Dawes and C. Vollrath, acting as Agents, and by B. Doherty, Barrister)
Re:
Application under 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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to bear one third of its own costs;
3.Orders Martinair Holland NV to bear its own costs and pay two thirds of those incurred by the Commission.
(*)
Language of the case: English
OJ C 239, 24.7.2017.