(Case C-590/11 P(I))

Appeals — Intervention — Interest in the result of the case

Judicial proceedings — Intervention — Conditions of admissibility — Interest in the result of the case — Meaning — Need for a direct and existing interest — Dispute concerning the lawfulness of a Commission decision finding there to be a cartel and imposing a fine — Lack of direct interest of the customers of undertakings participating in the cartel — Ability of a customer to seek compensation for harm caused by the cartel — Customer who has made an application for access to the documents of the administrative procedure concerning the cartel — Lack of relevance (Art. 101 TFEU; Statute of the Court of Justice, Art. 40, second para.; European Parliament and Council Regulation No 1049/2001) (see paras 10, 12-16, 23-25)

Re:

Appeal brought against the order of the General Court (Sixth Chamber) of 25 October 2011 in Case T-62/11 Air France-KLM v Commission, by which the General Court rejected the application for leave to intervene made by Schenker AG — Interest in the result of the case — Dispute relating to an application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, of Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on air transport (Case COMP/39258 — Airfreight).

Operative part:

1.The appeal is dismissed.

2.Schenker AG is ordered to pay the costs.