Case T-326/17: Judgment of the General Court of 30 March 2022 — Air Canada v Commission (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 — Failure to send a new statement of objections — Single and continuous infringement — Withdrawal of the leniency application — Unlimited jurisdiction)
Date: 2022-03-30
Institutions: General Court
Subjects: additional duty, air transport, carriage of goods, cartel, control of restrictive practices, exchange of information, price agreement, rights of the defence, sanction (EU)








C_2022207EN.01002501.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/25






Judgment of the General Court of 30 March 2022 — Air Canada v Commission
(Case T-326/17) (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 - Failure to send a new statement of objections - Single and continuous infringement - Withdrawal of the leniency application - Unlimited jurisdiction)
(2022/C 207/33)
Language of the case: English

Parties


Applicant: Air Canada (Saint-Laurent, Quebec, Canada) (represented by: T. Soames and I.-Z. Prodromou-Stamoudi, lawyers, and by J. Joshua, Barrister)

Defendant: European Commission (represented by: A. Dawes and H. Leupold, acting as Agents, and by G. Peretz QC)

Re:

Application under Article 263 TFEU for, in essence, 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 cancellation of the fine imposed on the applicant or a reduction in the amount of that fine.

Operative part of the judgment

The Court:






1.


Annuls Article 1(1)(a), (2)(a), (3)(a) and (4)(a) 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 finds that Air Canada participated in the element of the single and continuous infringement relating to the refusal to pay commission on surcharges;










2.


Sets the amount of the fine imposed on Air Canada in Article 3(a) of Decision C(2017) 1742 final at EUR 17 952 000;










3.


Dismisses the action as to the remainder;










4.


Orders the European Commission to bear its own costs and to pay one third of the costs incurred by Air Canada;










5.


Orders Air Canada to bear two thirds of its own costs.






(1)  OJ C 239, 24.7.2017.