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Document 62011CO0602
Schenker v Deutsche Lufthansa and Others
Schenker v Deutsche Lufthansa and Others
Keywords
Subject of the case
Operative part
Judicial proceedings
—
Intervention
—
Conditions of admissibility
—
Interest in the result of the case
—
Meaning
—
Need for a direct and existing interest
—
Dispute concerning the lawfulness of a Commission decision finding there to be a cartel and imposing a fine
—
Lack of direct interest of the customers of undertakings participating in the cartel
—
Ability of a customer to seek compensation for harm caused by the cartel
—
Customer who has made an application for access to the documents of the administrative procedure concerning the cartel
—
Lack of relevance (Art. 101 TFEU; Statute of the Court of Justice, Art. 40, second para.; European Parliament and Council Regulation No 1049/2001) (see paras 10, 12-16, 23-25
)
Re:
Appeal brought against the order of the General Court (Sixth Chamber) of 25 October 2011 in Case T-46/11 Deutsche Lufthansa and Others v Commission , by which the General Court rejected the application for leave to intervene made by Schenker AG — Interest in the result of the case — Dispute relating to an application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, of 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/39258 — Airfreight).
Operative part:
1. The appeal is dismissed.
2. Schenker AG is ordered to pay the costs.
Order of the President of the Court of 8 June 2012 — Schenker v Deutsche Lufthansa and Others
(Case C-602/11 P(I))
‛Appeals — Intervention — Interest in the result of the case’
Judicial proceedings — Intervention — Conditions of admissibility — Interest in the result of the case — Meaning — Need for a direct and existing interest — Dispute concerning the lawfulness of a Commission decision finding there to be a cartel and imposing a fine — Lack of direct interest of the customers of undertakings participating in the cartel — Ability of a customer to seek compensation for harm caused by the cartel — Customer who has made an application for access to the documents of the administrative procedure concerning the cartel — Lack of relevance (Art. 101 TFEU; Statute of the Court of Justice, Art. 40, second para.; European Parliament and Council Regulation No 1049/2001) (see paras 10, 12-16, 23-25)
Re:
Appeal brought against the order of the General Court (Sixth Chamber) of 25 October 2011 in Case T-46/11 Deutsche Lufthansa and Others v Commission, by which the General Court rejected the application for leave to intervene made by Schenker AG — Interest in the result of the case — Dispute relating to an application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, of 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/39258 — Airfreight).
Operative part:
1. |
The appeal is dismissed. |
2. |
Schenker AG is ordered to pay the costs. |