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Case T-540/18: Judgment of the General Court of 23 February 2022 — ASL Aviation Holdings and ASL Airlines (Ireland) v Commission (Non-contractual liability — Competition — Markets for international express small package delivery services in the EEA — Concentration — Decision declaring the concentration incompatible with the internal market — Annulment of the decision by a judgment of the Court — General reference to other documents — Pleas in law or complaints raised by a third party in another case — Evidence submitted in the reply — No justification for the delay — Inadmissibility — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
ECLI:EU:UNKNOWN:62018TA0540
62018TA0540
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25.4.2022
Official Journal of the European Union
C 171/24
(Case T-540/18) (<span class="oj-super oj-note-tag">1</span>)
(Non-contractual liability - Competition - Markets for international express small package delivery services in the EEA - Concentration - Decision declaring the concentration incompatible with the internal market - Annulment of the decision by a judgment of the Court - General reference to other documents - Pleas in law or complaints raised by a third party in another case - Evidence submitted in the reply - No justification for the delay - Inadmissibility - Sufficiently serious breach of a rule of law intended to confer rights on individuals)
(2022/C 171/30)
Language of the case: English
Parties
Applicants: ASL Aviation Holdings DAC (Swords, Ireland), ASL Airlines (Ireland) Ltd (Swords) (represented by: N. Travers, Senior Counsel, H. Kelly, K. McKenna and R. Scanlan, Solicitors)
Defendant: European Commission (represented by: N. Khan, P. Berghe, M. Farley and R. Leupold Henning, acting as Agents)
Re:
Application under Article 268 TFEU for compensation for the damage allegedly suffered by the applicants as a result of the unlawfulness of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ASL Aviation Holdings DAC and ASL Airlines (Ireland) Ltd to pay the costs.
(<span class="oj-super">1</span>) OJ C 399, 5.11.2018.