12.3.2011   

EN

Official Journal of the European Union

C 80/32

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annul the decision in so far as it finds that the applicant was party to an infringement concerning commission on surcharges and/or to remit the matter to the Commission for the reconsideration of its decision on that issue;

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annul the decision in so far as it finds that the start date of the applicant’s infringement was 22 January 2001 and to substitute 1 October 2001 for that date and/or to remit the matter to the Commission for the reconsideration of its decision on that issue;

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annul the decision in so far as it finds that matters relating to Hong Kong, Japan, India, Thailand, Singapore, Korea, and Brazil violated Article 101 TFEU, Article 53 EEA, and Article 8 Swiss Agreement and/or to remit the matter to the Commission for the reconsideration of its decision on that issue;

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annul or substantially reduce the fine imposed on the applicant pursuant to the decision by reference to each or every one of the points above and/or the General Court’s unlimited jurisdiction;

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order the Commission to pay the applicant’s legal and other costs and expenses in relation to this matter.

1.

First plea in law, alleging a manifest errors of assessment and inadequate grounds inasmuch as the Commission did not provide sufficiently precise evidence that the applicant participated in the coordination of the payment of commission on surcharges whilst ignoring the significant body of evidence that it had in its possession that demonstrated the opposite.

2.

Second plea in law, alleging a manifest error of assessment and breach of the defendant’s duty to prove to the requisite legal standard the starting date of the applicant’s infringement. In this regard the applicant submits that:

3.

Third plea in law, alleging the errors in law and of fact and manifest errors of assessment on the ground that the Commission lacked jurisdiction to apply Article 101 TFEU and/or Article 53 EEA in respect of the situation regarding the aviation regulatory legislation and administration regimes in Hong Kong, Japan, India, Thailand, Singapore, Korea, and Brazil, and/or failed to exercise its powers in accordance with the principle of international comity and/or failed to take any or any proper account of the principle of international comity when exercising its powers.

4.

Fourth plea in law, alleging the infringement of the principle of proportionality, the principle that penalties must fit the offence and the principle of equal treatment, since the fine imposed on the applicant is disproportionate to the gravity of the infringement. In this regard the applicant submits that:

5.

Fifth plea in law, alleging the breaches of the duty to state adequate reasons and the principle of proportionality in increasing the basic amount of the fine by an additional amount of 16 % for deterrence.

6.

Sixth plea in law, alleging an error in law and of fact and manifest errors of assessment, and infringement of the principles of legitimate expectations and/or equal treatment and the Leniency Notice, insofar as the Commission granted the applicant the lowest level of reduction in fine in respect of leniency despite being the first undertaking to apply for a reduction in fine under the Leniency Notice.

7.

Seventh plea in law, alleging a manifest error of assessment and infringement of the principle of equal treatment and the principle of proportionality in not granting the applicant a reduction of the fine by way of mitigation, insofar as the Commission failed to take equal account of the fact that the applicant had limited participation in the infringement and did not participate in all elements of the infringement.