Official Journal of the European Union
Judgment of the General Court of 30 March 2022 — Singapore Airlines and Singapore Airlines Cargo v Commission
(Case T-350/17) (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 - Ne bis in idem principle - State coercion - Single and continuous infringement - Amount of the fine - Value of sales - Gravity of the infringement - Unlimited jurisdiction)
Language of the case: English
Applicants: Singapore Airlines Ltd (Singapore, Singapore), Singapore Airlines Cargo Pte Ltd (Singapore) (represented by: J. Kallaugher, J.P. Poitras, Solicitors, and J. Ruiz Calzado, lawyer)
Defendant: European Commission (represented by: A. Dawes and C. Urraca Caviedes, acting as Agents, and C. Brown, Barrister)
Application pursuant to Article 263 TFEU for the 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 applicants, and, in the alternative, a reduction in the fine imposed on the applicants.
Operative part of the judgment
Dismisses the action;
Orders the European Commission to bear one third of its own costs;
Orders Singapore Airlines and Singapore Airlines Cargo to bear their own costs and pay two thirds of those incurred by the Commission.
(1) OJ C 239, 24.7.2017.