Case T-343/17: Judgment of the General Court of 30 March 2022 — Cathay Pacific Airways 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 — 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)
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.01003101.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/31






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)
(2022/C 207/40)
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:






1.


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);










2.


Sets the amount of the fine imposed on Cathay Pacific Airways Ltd in Article 3(g) of that decision at EUR 47 040 000;










3.


Dismisses the action as to the remainder;










4.


Orders Cathay Pacific Airways to bear one third of its own costs;










5.


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.