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Case T-38/11: Judgment of the General Court of 16 December 2015 — Cathay Pacific Airways v Commission (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)
ECLI:EU:UNKNOWN:62011TA0038
62011TA0038
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Official Journal of the European Union
C 48/32
(Case T-38/11) (<span class="super">1</span>)
((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))
(2016/C 048/36)
Language of the case: English
Parties
Applicant: Cathay Pacific Airways Ltd (Queensway, Hong Kong, China) (represented initially by D. Vaughan QC, R. Kreisberger, Barrister, B. Bar-Bouyssiere, lawyer, and M. Rees, Solicitor, then by D. Vaughan, R. Kreisberger and M. Rees)
Defendant: European Commission (represented initially by S. Noë, N. von Lingen and J. Bourke, and subsequently by A. Dawes, acting as Agents, and by J. Holmes, Barrister)
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 applicant, and, in the alternative, for a reduction in the fine imposed on the applicant.
Operative part of the judgment
The Court:
1.Annuls Articles 2, 3 and 5 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 they concern Cathay Pacific Airways Ltd;
2.Orders the European Commission to bear its own costs and to pay those of Cathay Pacific Airways.
(<span class="super">1</span>) OJ C 72, 5.3.2011.