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Case T-350/17: Judgment of the General Court of 30 March 2022 — Singapore Airlines and Singapore Airlines Cargo 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 — Ne bis in idem principle — State coercion — Single and continuous infringement — Amount of the fine — Value of sales — Gravity of the infringement — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62017TA0350
62017TA0350
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23.5.2022
Official Journal of the European Union
C 207/33
(Case T-350/17) (*)
(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 - Ne bis in idem principle - State coercion - Single and continuous infringement - Amount of the fine - Value of sales - Gravity of the infringement - Unlimited jurisdiction)
(2022/C 207/42)
Language of the case: English
Parties
Applicants: Singapore Airlines Ltd (Singapore, Singapore), Singapore Airlines Cargo Pte Ltd (Singapore) (represented by: J. Kallaugher, J.P. Poitras, Solicitors, and J. Ruiz Calzado, lawyer)
Defendant: European Commission (represented by: A. Dawes and C. Urraca Caviedes, acting as Agents, and C. Brown, Barrister)
Re:
Application pursuant to Article 263 TFEU for the 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 applicants, and, in the alternative, a reduction in the fine imposed on the applicants.
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 Singapore Airlines and Singapore Airlines Cargo to bear their 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:2022:140