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Case C-122/16 P: Judgment of the Court (Grand Chamber) of 14 November 2017 — British Airways plc v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — European airfreight market — Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services — Defective statement of reasons — Plea involving a matter of public policy raised by the EU courts of their own motion — Prohibition on ruling ultra petita — Form of order set out in the application at first instance seeking the partial annulment of the decision at issue — The General Court of the European Union prohibited from annulling the decision at issue in its entirety — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy)

ECLI:EU:UNKNOWN:62016CA0122

62016CA0122

November 14, 2017
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Official Journal of the European Union

C 22/6

(Case C-122/16 P) (<a id="ntc1-C_2018022EN.01000601-E0001" href="#ntr1-C_2018022EN.01000601-E0001"> (<span class="super note-tag">1</span>)</a>

((Appeal - Competition - Agreements, decisions and concerted practices - European airfreight market - Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services - Defective statement of reasons - Plea involving a matter of public policy raised by the EU courts of their own motion - Prohibition on ruling ultra petita - Form of order set out in the application at first instance seeking the partial annulment of the decision at issue - The General Court of the European Union prohibited from annulling the decision at issue in its entirety - Article 47 of the Charter of Fundamental Rights of the European Union - Right to an effective remedy))

(2018/C 022/07)

Language of the case: English

Parties

Appellant: British Airways plc (represented by: J. Turner QC and R. O’Donoghue, Barrister, instructed by A. Lyle-Smythe, Solicitor)

Other party to the proceedings: European Commission (represented by: N. Khan and A. Dawes, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders British Airways plc to pay the costs.

(<a id="ntr1-C_2018022EN.01000601-E0001" href="#ntc1-C_2018022EN.01000601-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:191:TOC">OJ C 191, 30.5.2016</a>.)

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