Information;Judgment — ECLI:EU:T:2022:184
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;Action for annulment - successful;Appeal against penalty - successful

Judgment of the General Court of 30 March 2022 – Cathay Pacific Airways v Commission (Case T-343/17) 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 – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction) Language of the case: English Parties Applicant: Cathay Pacific Airways Ltd (Hong Kong, China) (represented by: R. Kreisberger, QC, N. Grubeck, Barrister, M. Rees, Solicitor, and E. Estellon, lawyer) Defendant: European Commission (represented by: A. Dawes and C. Urraca Caviedes, acting as Agents, and by J. Holmes, QC) Re: Application pursuant to Article 263 TFEU for the 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 a reduction in the fine imposed on it. Operative part of the judgment The Court: Annuls Article 1(1)(g) and (4)(g) 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); Sets the amount of the fine imposed on Cathay Pacific Airways Ltd in Article 3(g) of that decision at EUR 47 040 000; Dismisses the action as to the remainder; Orders Cathay Pacific Airways to bear one third of its own costs; Orders the European Commission to bear its own costs and to pay two thirds of the costs incurred by Cathay Pacific Airways. ____________ 1 OJ C 239, 24.7.2017.