Case T-334/17: Judgment of the General Court of 30 March 2022 — Cargolux Airlines 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 — Amount of the fine — Value of sales — Gravity of the infringement — Duration of participation in the infringement — Additional amount — Mitigating circumstances — Encouragement of the anticompetitive conduct by public authorities — Follow-my-leader role — Proportionality — 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, principle of proportionality, rights of the defence, sanction (EU)








C_2022207EN.01002601.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/26






Judgment of the General Court of 30 March 2022 — Cargolux Airlines v Commission
(Case T-334/17) (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 - Amount of the fine - Value of sales - Gravity of the infringement - Duration of participation in the infringement - Additional amount - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Follow-my-leader role - Proportionality - Unlimited jurisdiction)
(2022/C 207/34)
Language of the case: English

Parties


Applicant: Cargolux Airlines International SA (Sandweiler, Luxembourg) (represented by: E. Aliende Rodríguez, lawyer)

Defendant: European Commission (represented by: N. Khan and A. Dawes, acting as Agents, and by E. MacKenzie, Barrister)

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 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.


Dismisses the action;










2.


Orders the European Commission to bear one third of its own costs;










3.


Orders Cargolux Airlines International SA to bear its own costs and pay two thirds of those incurred by the Commission.






(1)  OJ C 239, 24.7.2017.