EN
23.5.2022
Official Journal of the European Union
C 207/29
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.
Judgment of the General Court of 30 March 2022 — British Airways v Commission (Case T-341/17) (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 air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) — Exchange of information — Territorial jurisdiction of the Commission — Obligation to state reasons — Article 266 TFEU — State coercion — Single and continuous infringement — Amount of the fine — Value of sales — Duration of participation in the infringement — Mitigating circumstances — Encouragement of anticompetitive conduct by public authorities — Unlimited jurisdiction) (2022/C 207/38) Language of the case: English Parties Applicant: British Airways plc (Harmondsworth, United Kingdom) (represented by: J. Turner, R. O’Donoghue QC, and A. Lyle-Smythe, Solicitor) Defendant: European Commission (represented by: N. Khan and A. Dawes, acting as Agents, and A. Bates, 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 for a reduction in the amount thereof.