CELEX: 62011TA0046
Language: en
Date: 2015-12-16 00:00:00
Title: Case T-46/11: Judgment of the General Court of 16 December 2015 — Deutsche Lufthansa and Others v Commission (Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)

8.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/36
            
         Judgment of the General Court of 16 December 2015 — Deutsche Lufthansa and Others v Commission
   (Case T-46/11) (1)
   
   ((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))
   (2016/C 048/40)
   Language of the case: English
   
      Parties
   
   
      Applicants: Deutsche Lufthansa AG (Cologne, Germany); Lufthansa Cargo AG (Frankfurt am Main, Germany); and Swiss International Air Lines AG (Basel, Switzerland) (represented initially by S. Völcker, F. Louis, E. Arsenidou and A. Israel, and subsequently by S. Völcker and J. Orogolas, lawyers)
   
      Defendant: European Commission (represented initially by M. Kellerbauer, S. Noë and N. von Lingen, and subsequently by S. Noë and A. Dawes, acting as Agents, and by J. Anderson, Barrister)
   
      Re:
   
   Application for annulment of Articles 1 to 4 of Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Articles 1 to 4 of Commission Decision C(2010) 7694 final of 9 November 2010 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 COMP/39258 — Airfreight), in so far as they concern Deutsche Lufthansa AG, Lufthansa Cargo AG and Swiss International Air Lines AG;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the European Commission to bear its own costs and to pay those of Deutsche Lufthansa, Lufthansa Cargo and Swiss International Air Lines.
            
         
      (1)  OJ C 80, 12.3.2011.