Case C-819/19: Judgment of the Court (Second Chamber) of 11 November 2021 (request for a preliminary ruling from the Rechtbank Amsterdam- Netherlands) — Stichting Cartel Compensation, Equilib Netherlands BV v Koninklijke Luchtvaart Maatschappij NV and Others (Reference for a preliminary ruling — Articles 81, 84 and 85 EC — Article 53 of the EEA Agreement — Cartels — Conduct of undertakings in the air transport sector between the European Economic Area (EEA) and third countries which took place when Articles 84 and 85 EC were in force — Action for damages — Jurisdiction of national courts to apply Article 81 EC and Article 53 of the EEA Agreement)
Date: 2021-11-11
Institutions: Court of Justice
Subjects: European Economic Area, Switzerland, air transport, cartel, civil liability proceedings, damages, international cartel, jurisdiction, restriction on competition, third country








C_2022011EN.01000201.xml










10.1.2022   


EN


Official Journal of the European Union


C 11/2






Judgment of the Court (Second Chamber) of 11 November 2021 (request for a preliminary ruling from the Rechtbank Amsterdam- Netherlands) — Stichting Cartel Compensation, Equilib Netherlands BV v Koninklijke Luchtvaart Maatschappij NV and Others
(Case C-819/19) (1)

(Reference for a preliminary ruling - Articles 81, 84 and 85 EC - Article 53 of the EEA Agreement - Cartels - Conduct of undertakings in the air transport sector between the European Economic Area (EEA) and third countries which took place when Articles 84 and 85 EC were in force - Action for damages - Jurisdiction of national courts to apply Article 81 EC and Article 53 of the EEA Agreement)
(2022/C 11/02)
Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings


Applicants: Stichting Cartel Compensation, Equilib Netherlands BV

Defendants: Koninklijke Luchtvaart Maatschappij NV, Martinair Holland NV, Deutsche Lufthansa AG, Lufthansa Cargo AG, British Airways plc, Air France SA, Singapore Airlines Ltd, Singapore Airlines Cargo Pte Ltd, Swiss International Air Lines AG, Air Canada, Cathay Pacific Airways Ltd, Scandinavian Airlines System Denmark-Norway-Sweden, SAS AB, SAS Cargo Group A/S

Operative part of the judgment

Articles 81, 84 and 85 EC and Article 53 of the Agreement on the European Economic Area of 2 May 1992 must be interpreted as meaning that a national court has jurisdiction to apply Article 81 EC and Article 53 of the Agreement on the European Economic Area in a private law dispute concerning an action for damages brought before it after the entry into force of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 [EC] to the conduct of undertakings in the air transport sector between a Member State and a third country other than Switzerland which took place before 1 May 2004, to the conduct of undertakings in the air transport sector between a Member State and Switzerland which took place before 1 June 2002 and to the conduct of undertakings in the air transport sector between a European Economic Area country which is not a Member State and a third country which took place before 19 May 2005, even though no decision under Article 84 EC or Article 85 EC had been adopted as regards that conduct, in so far as that conduct was liable to affect trade between Member States and the contracting parties to the Agreement on the European Economic Area, respectively.


(1)  OJ C 95, 23.3.2020.