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Document 62017TA0350

    Case T-350/17: Judgment of the General Court of 30 March 2022 — Singapore Airlines and Singapore Airlines Cargo v Commission (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)

    OJ C 207, 23.5.2022, p. 33–33 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
    OJ C 207, 23.5.2022, p. 23–23 (GA)

    23.5.2022   

    EN

    Official Journal of the European Union

    C 207/33


    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)

    (2022/C 207/42)

    Language of the case: English

    Parties

    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)

    Re:

    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

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the European Commission to bear one third of its own costs;

    3.

    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.


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