Case T-56/11: Judgment of the General Court of 16 December 2015 — SAS Cargo Group and Others v Commission (Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)
Date: 2015-12-16
Institutions: General Court
Subjects: additional duty, air transport, carriage of goods, cartel, control of restrictive practices, fine, infringement of EU law, international cartel, price agreement








C_2016048EN.01003801.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/38





Judgment of the General Court of 16 December 2015 — SAS Cargo Group and Others v Commission
(Case T-56/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))
(2016/C 048/42)
Language of the case: English

Parties


Applicants: SAS Cargo Group A/S (Kastrup, Denmark); Scandinavian Airlines System Denmark-Norway-Sweden (Stockholm, Sweden); and SAS AB (Stockholm) (represented initially by M. Kofmann, B. Creve, lawyers, I. Forrester QC, J. Killick and G. Forwood, Barristers, and subsequently by M. Kofmann, B. Creve, J. Killick and G. Forwood)

Defendant: European Commission (represented initially by N. von Lingen, V. Bottka and S. Noë, and subsequently by V. Bottka and A. Dawes, acting as Agents, and by B. Doherty, Barrister)

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón and M. Simm, acting as Agents)

Re:

Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight), in so far as it concerns SAS Cargo Group A/S, Scandinavian Airlines System Denmark-Norway-Sweden and SAS AB;










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to bear its own costs and to pay those of SAS Cargo Group, Scandinavian Airlines System Denmark-Norway-Sweden and SAS;










4.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 89, 19.3.2011.