Order — ECLI:EU:C:2012:335
Date: 2012-06-08
Language of the case: English
Court formation: President of the Chamber
Subject matter: Competition
Procedure: Appeal - unfounded;Application to intervene - unfounded
Origin: Germany

Order of the President of the Court of 8 June 2012 — Schenker v Cathay Pacific Airways and Commission (Case C-598/11 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‑38/11 Cathay Pacific Airways 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.