Information;Judgment — ECLI:EU:T:2022:180
Date: 2022-03-30
Language of the case: French
Court formation: Fourth Chamber, Extended Composition
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court of 30 March 2022 – Air France v Commission (Case T-338/17) 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 airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Conditions for granting immunity – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Duration of the participation in the infringement – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Proportionality – Unlimited jurisdiction) Language of the case: French Parties Applicant: Société Air France (Tremblay-en-France, France) (represented by: A. Wachsmann and A. de La Cotardière, 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 fine imposed on the applicant. Operative part of the judgment The Court: Dismisses the action; Orders the European Commission to bear one third of its own costs; Orders Société Air France to bear its own costs and to pay two thirds of the costs incurred by the Commission. ____________ 1 OJ C 277, 21.8.2017.