Judgment;Information — ECLI:EU:T:2022:176
Date: 2022-03-30
Language of the case: English
Court formation: Fourth Chamber, Extended Composition
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded
Origin: Netherlands

Summary of the pleas in law on which the application is based – Application seeking the annulment of a decision applying competition rules adopted by the Commission following the annulment of an earlier decision – Observations regarding the scope of the contested decision – No connection to the pleas and complaints raised in support of the action or the subject matter of that action – Inadmissibility (Art. 263 TFEU; Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76) (see paragraphs 79-81, 256) 2. Competition – Transport – Competition rules – Air transport – Regulation No 411/2004 – Scope – EU-third country routes and non-EU EEA-third country routes – Inbound airfreight services – Included (Arts 101 and 102 TFEU; EEA Agreement, Arts 53 and 54 and Annex XIII and Protocol 21, as amended by EEA Joint Committee Decision No 40/2005; Council Regulations No 1/2003, Art. 32(c), and No 411/2004, Arts 1 and 3) (see paragraphs 95-111) 3. Competition – EU rules – Territorial scope – Competence of the Commission – Conformity with public international law – Implementation or qualified effects of abusive practices in the EEA – Alternative methods – Criterion of the immediate, substantial and foreseeable effect – Scope in the case of conduct having the object of restricting competition (Art. 101 TFEU; EEA Agreement, Art. 53) (see paragraphs 112-114, 133, 135-144, 155-157, 175-177, 186-195) 4. Action for annulment – Pleas in law – Lack of competence of the institution which adopted the contested measure – Examination by the EU judicature of its own motion – Condition – Compliance with the principle that the parties should be heard (Art. 263 TFEU) (see paragraphs 209, 210) 5. Competition – Fines – Assessment by reference to the individual conduct of the undertaking – Irrelevant that no sanction brought against another economic operator – None – Compliance with the principle of equal treatment having to be reconciled with the principle of legality – Scope of the obligation to state reasons (Arts 101 and 296 TFEU; EEA Agreement, Art. 53; EC-Switzerland Air Transport Agreement, Art. 8; Charter of Fundamental Rights of the European Union, Art. 20) (see paragraphs 238-243, 249, 250) 6. Competition – Fines – Amount – Determination – Determination of the basic amount – Determination of the value of sales – Sales carried out in direct or indirect relation to the infringement – Cartel in the airfreight services sector – Cartel covering several elements of the price of freight services – Taking into account of the full amount of sales related to freight services – Whether permissible – Breach of principle of proportionality – None (Art. 101 TFEU; EEA Agreement, Art. 53; EC-Switzerland Air Transport Agreement, Art. 8; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 6 and 13) (see paragraphs 303-312, 316- 330, 394) 7. Competition – Fines – Amount – Determination – Determination of the basic amount – Determination of the value of sales – Account taken only of the value of sales carried out in direct or indirect relation to the infringement in the geographical sector concerned – Sales carried out within the territory of the European Economic Area – Cartel in the airfreight services sector – Taking into account of the value of sales of inbound freight services – Whether permissible (Art. 101 TFEU; EEA Agreement, Art. 53; EC-Switzerland Air Transport Agreement, Art. 8; Council Regulation No 1/2003, Art. 23(2); Commission Notice 2006/C 210/02, point 13) (see paragraphs 344-360, 395) 8. Competition – Fines – Amount – Determination – Adjustment of the basic amount – Mitigating circumstances – Participation allegedly under pressure – Extent of the Commission’s obligation to state reasons (Arts 101(1) and 296 TFEU; EEA Agreement, Art. 53; EC-Switzerland Air Transport Agreement, Art. 8; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, point 29) (see paragraphs 366-375, 377) 9. Competition – Fines – Amount – Determination – Judicial review – Unlimited jurisdiction of the EU judicature – Scope – Limit – Compliance with the principle of non-discrimination – Account taken of the Guidelines on the method of setting fines (Art. 261 TFEU; Council Regulation No 1/2003, Art. 31; Commission Notice 2006/C 210/02) (see paragraphs 385-391) Operative part The Court: 1. Dismisses the action; 2. Orders the European Commission to bear one third of its own costs; 3. Orders Koninklijke Luchtvaart Maatschappij NV to bear its own costs and pay two thirds of those incurred by the Commission. 1 OJ C 239, 24.7.2017.