# C_2022207EN.01002901.xml

| 23.5.2022 | EN | Official Journal of the European Union | C 207/29 |
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23.5.2022

EN

Official Journal of the European Union

C 207/29

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Judgment of the General Court of 30 March 2022 — British Airways v Commission

(Case T-341/17) (1)

(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 air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) - Exchange of information - Territorial jurisdiction of the Commission - Obligation to state reasons - Article 266 TFEU - State coercion - Single and continuous infringement - Amount of the fine - Value of sales - Duration of participation in the infringement - Mitigating circumstances - Encouragement of anticompetitive conduct by public authorities - Unlimited jurisdiction)

(2022/C 207/38)

Language of the case: English

Parties

Applicant: British Airways plc (Harmondsworth, United Kingdom) (represented by: J. Turner, R. O’Donoghue QC, and A. Lyle-Smythe, Solicitor)

Defendant: European Commission (represented by: N. Khan and A. Dawes, acting as Agents, and A. Bates, Barrister)

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 cancellation of the fine imposed on the applicant or for a reduction in the amount thereof.

Operative part of the judgment

The Court:

| 1. | Annuls Article 1(1)(e), (2)(e) and (3)(e) 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 finds that British Airways plc participated in the component of the single and continuous infringement relating to the refusal to pay commission on surcharges; |
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1.

Annuls Article 1(1)(e), (2)(e) and (3)(e) 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 finds that British Airways plc participated in the component of the single and continuous infringement relating to the refusal to pay commission on surcharges;

| 2. | Annuls Article 1(4)(e) of Decision C(2017) 1742 final; |
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2.

Annuls Article 1(4)(e) of Decision C(2017) 1742 final;

| 3. | Sets the amount of the fine imposed on British Airways under Article 3(e) of Decision C(2017) 1742 final at EUR 84 456 000; |
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3.

Sets the amount of the fine imposed on British Airways under Article 3(e) of Decision C(2017) 1742 final at EUR 84 456 000;

| 4. | Dismisses the action as to the remainder; |
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4.

Dismisses the action as to the remainder;

| 5. | Orders the European Commission to bear its own costs and to pay one third of the costs incurred by British Airways; |
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5.

Orders the European Commission to bear its own costs and to pay one third of the costs incurred by British Airways;

| 6. | Orders British Airways to bear two thirds of its own costs. |
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6.

Orders British Airways to bear two thirds of its own costs.

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(1)  OJ C 239, 24.7.2017.

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