| 23.5.2022 | EN | Official Journal of the European Union | C 207/26 |
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)
(2022/C 207/34)
Language of the case: English
Parties
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)
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 a reduction in the amount of that fine.
Operative part of the judgment
The Court:
| 1. | Dismisses the action; |
| 2. | Orders the European Commission to bear one third of its own costs; |
| 3. | 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.