Official Journal of the European Union
Judgment of the General Court of 30 March 2022 — Air France-KLM v Commission
(Case T-337/17) (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 - Single and continuous infringement - Attributability of unlawful conduct - Conditions for granting immunity - Equal treatment - Obligation to state reasons - Amount of the fine - Value of sales - Gravity of the infringement - Duration of participation in the infringement - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Proportionality - Unlimited jurisdiction)
Language of the case: French
Applicant: Air France-KLM (Paris, France) (represented by: A. Wachsmann, A. de La Cotardière and A.-E. Herrada, lawyers)
Defendant: European Commission (represented by: A. Dawes and C. Giolito, acting as Agents, and by N. Coutrelis, lawyer)
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 partial annulment of that decision and a reduction in the amount of the fines imposed on the applicant.
Operative part of the judgment
Dismisses the action;
Orders the European Commission to bear one third of its own costs;
Orders Air France-KLM to bear its own costs and to pay two thirds of the costs incurred by the Commission.
(1) OJ C 256, 7.8.2017.