Official Journal of the European Union
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)
Language of the case: English
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)
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
Dismisses the action;
Orders the European Commission to bear one third of its own costs;
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.