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Case T-343/17: Judgment of the General Court of 30 March 2022 — Cathay Pacific Airways 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 — Limitation period — State constraint — Single and continuous infringement — Amount of the fine — Value of sales — Gravity of the infringement — Mitigating circumstances — Encouragement of anticompetitive behaviour by public authorities — Substantially reduced participation — Proportionality — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62017TA0343
62017TA0343
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23.5.2022
Official Journal of the European Union
C 207/31
(Case T-343/17) (*)
(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 - Limitation period - State constraint - Single and continuous infringement - Amount of the fine - Value of sales - Gravity of the infringement - Mitigating circumstances - Encouragement of anticompetitive behaviour by public authorities - Substantially reduced participation - Proportionality - Unlimited jurisdiction)
(2022/C 207/40)
Language of the case: English
Parties
Applicant: Cathay Pacific Airways Ltd (Hong Kong, China) (represented by: R. Kreisberger, QC, N. Grubeck, Barrister, M. Rees, Solicitor, and E. Estellon, lawyer)
Defendant: European Commission (represented by: A. Dawes and C. Urraca Caviedes, acting as Agents, and by J. Holmes, QC)
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 applicant and, in the alternative, for a reduction in the fine imposed on it.
Operative part of the judgment
The Court:
1.Annuls Article 1(1)(g) and (4)(g) 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);
2.Sets the amount of the fine imposed on Cathay Pacific Airways Ltd in Article 3(g) of that decision at EUR 47 040 000;
3.Dismisses the action as to the remainder;
4.Orders Cathay Pacific Airways to bear one third of its own costs;
5.Orders the European Commission to bear its own costs and to pay two thirds of the costs incurred by Cathay Pacific Airways.
(*)
Language of the case: English.
OJ C 239, 24.7.2017.
ECLI:EU:C:2022:140