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Document 62018TA0540

Case T-540/18: Judgment of the General Court of 23 February 2022 — ASL Aviation Holdings and ASL Airlines (Ireland) v Commission (Non-contractual liability — Competition — Markets for international express small package delivery services in the EEA — Concentration — Decision declaring the concentration incompatible with the internal market — Annulment of the decision by a judgment of the Court — General reference to other documents — Pleas in law or complaints raised by a third party in another case — Evidence submitted in the reply — No justification for the delay — Inadmissibility — Sufficiently serious breach of a rule of law intended to confer rights on individuals)

OJ C 171, 25.4.2022, p. 24–25 (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 171, 25.4.2022, p. 22–22 (GA)

25.4.2022   

EN

Official Journal of the European Union

C 171/24


Judgment of the General Court of 23 February 2022 — ASL Aviation Holdings and ASL Airlines (Ireland) v Commission

(Case T-540/18) (1)

(Non-contractual liability - Competition - Markets for international express small package delivery services in the EEA - Concentration - Decision declaring the concentration incompatible with the internal market - Annulment of the decision by a judgment of the Court - General reference to other documents - Pleas in law or complaints raised by a third party in another case - Evidence submitted in the reply - No justification for the delay - Inadmissibility - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2022/C 171/30)

Language of the case: English

Parties

Applicants: ASL Aviation Holdings DAC (Swords, Ireland), ASL Airlines (Ireland) Ltd (Swords) (represented by: N. Travers, Senior Counsel, H. Kelly, K. McKenna and R. Scanlan, Solicitors)

Defendant: European Commission (represented by: N. Khan, P. Berghe, M. Farley and R. Leupold Henning, acting as Agents)

Re:

Application under Article 268 TFEU for compensation for the damage allegedly suffered by the applicants as a result of the unlawfulness of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express).

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders ASL Aviation Holdings DAC and ASL Airlines (Ireland) Ltd to pay the costs.


(1)  OJ C 399, 5.11.2018.


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