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(Case T-326/17) (*)
(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 the Swiss Confederation on Air Transport - Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) - Exchange of information - Territorial jurisdiction of the Commission - Rights of the defence - Failure to send a new statement of objections - Single and continuous infringement - Withdrawal of the leniency application - Unlimited jurisdiction)
(2022/C 207/33)
Language of the case: English
Applicant: Air Canada (Saint-Laurent, Quebec, Canada) (represented by: T. Soames and I.-Z. Prodromou-Stamoudi, lawyers, and by J. Joshua, Barrister)
Defendant: European Commission (represented by: A. Dawes and H. Leupold, acting as Agents, and by G. Peretz QC)
Application under Article 263 TFEU for, in essence, 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 and, in the alternative, for cancellation of the fine imposed on the applicant or a reduction in the amount of that fine.
The Court:
1.Annuls Article 1(1)(a), (2)(a), (3)(a) and (4)(a) 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 finds that Air Canada participated in the element of the single and continuous infringement relating to the refusal to pay commission on surcharges;
2.Sets the amount of the fine imposed on Air Canada in Article 3(a) of Decision C(2017) 1742 final at EUR 17 952 000;
3.Dismisses the action as to the remainder;
4.Orders the European Commission to bear its own costs and to pay one third of the costs incurred by Air Canada;
5.Orders Air Canada to bear two thirds of its own costs.
(*)
Language of the case: English.
(1) OJ C 239, 24.7.2017.
ECLI:EU:C:2022:140