Official Journal of the European Union

C 303/25

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(Case C-380/22 P)

(2022/C 303/32)

Language of the case: English

Parties

Appellants: Deutsche Lufthansa AG, Lufthansa Cargo AG, Swiss International Air Lines AG (represented by: S. Völcker, Rechtsanwalt, and R. Benditz, avocat)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:

—set aside the judgment under appeal;

—annul, in whole or in part, the 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 the alternative, if deemed necessary, remand the case to the General Court for reconsideration in accordance with the Court’s judgment;

—order the Commission to bear its own costs and pay the appellant’s costs, both for these proceedings and the proceedings before the General Court; and

—take any other measures that the Court considers appropriate.

Pleas in law and main arguments

In support of its appeal, the applicants rely on one plea in law consisting of four limbs.

First limb, alleging that the judgment under appeal errs in law in failing to show that the conduct restricts ‘competition within the internal market’ pursuant to Article 101(1) TFEU.

Second limb, alleging that the judgment under appeal errs in law in finding that the Commission was entitled to take into account the effects of a single and continuous infringement as a whole.

Third limb, alleging that the General Court wrongly substituted its own assessment of qualified effects for that of the Commission.

Fourth limb, alleging that the judgment under appeal errs in law by holding that the relevant facts give rise to immediate, substantial and foreseeable effects under the qualified effects test.

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