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Case T-480/21: Order of the General Court of 22 December 2022 — British Airways v Commission (Action for annulment and for damages — 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 — Annulment by the General Court — Refusal of the Commission to pay default interest — Remedies — Limitation period — Time limit for bringing proceedings — Out of time — Act confirming a previous measure — Inadmissibility)

ECLI:EU:UNKNOWN:62021TB0480

62021TB0480

December 22, 2022
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27.2.2023

Official Journal of the European Union

C 71/29

(Case T-480/21) (<span class="oj-super oj-note-tag">1</span>)

(Action for annulment and for damages - 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 - Annulment by the General Court - Refusal of the Commission to pay default interest - Remedies - Limitation period - Time limit for bringing proceedings - Out of time - Act confirming a previous measure - Inadmissibility)

(2023/C 71/38)

Language of the case: English

Parties

Applicant: British Airways plc (Harmondsworth, United Kingdom) (represented by: A. Lyle-Smythe and R. O’Donoghue, lawyers)

Defendant: European Commission (represented by: N. Khan, P. Rossi and L. Wildpanner, acting as Agents)

Re:

By its action, which it states is based on Article 263 TFEU, the first paragraph of Article 266 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU, the applicant, British Airways plc, requests the Court, first, to order the European Commission to pay it the amount of default interest and compound interest allegedly due and, second, to annul the letter of 30 April 2021 and the letter of 2 July 2021, by which the Commission refused to pay it the said interest.

Operative part of the order

1.The action is dismissed.

2.British Airways plc shall pay the costs.

(<span class="oj-super">1</span>) OJ C 391, 27.9.2021.

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