Case T-340/17: Judgment of the General Court of 30 March 2022 — Japan 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 — Article 266 TFEU — Limitation period — Rights of the defence — Non-discrimination — Single and continuous infringement — Amount of the fine — Value of sales — Gravity of the infringement — Additional amount — Mitigating circumstances — Encouragement of the anticompetitive conduct by public authorities — Substantially limited involvement — Proportionality — Unlimited jurisdiction)
Date: 2022-03-30
Institutions: General Court
Subjects: additional duty, air transport, carriage of goods, cartel, control of restrictive practices, equal treatment, exchange of information, price agreement, rights of the defence, sanction (EU)








C_2022207EN.01002802.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/28






Judgment of the General Court of 30 March 2022 — Japan Airlines v Commission
(Case T-340/17) (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 - Article 266 TFEU - Limitation period - Rights of the defence - Non-discrimination - Single and continuous infringement - Amount of the fine - Value of sales - Gravity of the infringement - Additional amount - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Substantially limited involvement - Proportionality - Unlimited jurisdiction)
(2022/C 207/37)
Language of the case: English

Parties


Applicant: Japan Airlines Co. Ltd (Tokyo, Japan) (represented by: J.-F. Bellis and K. Van Hove, lawyers, and R. Burton, Solicitor)

Defendant: European Commission (represented by: A. Dawes, G. Koleva and C. Urraca Caviedes, acting as Agents, and by J. Holmes QC)

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 a reduction in the amount of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Annuls Article 1(1)(h) and (4)(h) 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 Japan Airlines Co. Ltd in Article 3(h) of that decision at EUR 28 875 000;










3.


Dismisses the action as to the remainder;










4.


Orders Japan Airlines 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 Japan Airlines.






(1)  OJ C 239, 24.7.2017.