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Case T-334/17: Judgment of the General Court of 30 March 2022 — Cargolux Airlines 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 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 — Amount of the fine — Value of sales — Gravity of the infringement — Duration of participation in the infringement — Additional amount — Mitigating circumstances — Encouragement of the anticompetitive conduct by public authorities — Follow-my-leader role — Proportionality — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62017TA0334
62017TA0334
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23.5.2022
Official Journal of the European Union
C 207/26
(Case T-334/17) (*)
(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 - Amount of the fine - Value of sales - Gravity of the infringement - Duration of participation in the infringement - Additional amount - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Follow-my-leader role - Proportionality - Unlimited jurisdiction)
(2022/C 207/34)
Language of the case: English
Parties
Applicant: Cargolux Airlines International SA (Sandweiler, Luxembourg) (represented by: E. Aliende Rodríguez, lawyer)
Defendant: European Commission (represented by: N. Khan and A. Dawes, acting as Agents, and by E. MacKenzie, Barrister)
Re:
Application under Article 263 TFEU for 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.
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 Cargolux Airlines International SA to bear its own costs and pay two thirds of those incurred by the Commission.
(*)
Language of the case: English.
(1)
OJ C 239, 24.7.2017.
ECLI:EU:C:2025:140
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