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Case T-337/17: Judgment of the General Court of 30 March 2022 — Air France-KLM 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 — Single and continuous infringement — Attributability of unlawful conduct — Conditions for granting immunity — Equal treatment — Obligation to state reasons — Amount of the fine — Value of sales — Gravity of the infringement — Duration of participation in the infringement — Mitigating circumstances — Encouragement of the anticompetitive conduct by public authorities — Proportionality — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62017TA0337
62017TA0337
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23.5.2022
Official Journal of the European Union
C 207/27
(Case T-337/17) (<span class="oj-super oj-note-tag">1</span>)
(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 - Single and continuous infringement - Attributability of unlawful conduct - Conditions for granting immunity - Equal treatment - Obligation to state reasons - Amount of the fine - Value of sales - Gravity of the infringement - Duration of participation in the infringement - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Proportionality - Unlimited jurisdiction)
(2022/C 207/35)
Language of the case: French
Parties
Applicant: Air France-KLM (Paris, France) (represented by: A. Wachsmann, A. de La Cotardière and A.-E. Herrada, lawyers)
Defendant: European Commission (represented by: A. Dawes and C. Giolito, acting as Agents, and by N. Coutrelis, lawyer)
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 partial annulment of that decision and a reduction in the amount of the fines imposed on the applicant.
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 Air France-KLM to bear its own costs and to pay two thirds of the costs incurred by the Commission.
(<span class="oj-super">1</span>) OJ C 256, 7.8.2017.
ECLI:EU:C:2022:140