26.3.2011   

EN

Official Journal of the European Union

C 95/9


Action brought on 24 January 2011 — Air France v Commission

(Case T-63/11)

2011/C 95/14

Language of the case: French

Parties

Applicant: Société Air France (Roissy Charles de Gaulle, France) (represented by: A. Wachsmann and S. Thibault-Liger, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul, on the basis of Article 263 TFEU, the entirety of European Commission Decision No C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union, 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/39.258 — Airfreight) in so far as it concerns Société Air France, as well the grounds underlying the operative part of the Decision;

at the very least, annul Article 5(b) and (d) of Decision No C(2010) 7694 final of 9 November 2010 which imposes a fine on Société Air France, and the grounds underlying those provisions or reduce, on the basis of Article 261 TFEU, that fine to an appropriate amount;

in any event, order the European Commission to pay all the costs.

Pleas in law and main arguments

In support of its action, the applicant puts forward ten pleas which are essentially identical or similar to those raised in Case T-62/11 Air France — KLM v Commission.