This document is an excerpt from the EUR-Lex website
Document 62017TA0325
Case T-325/17: Judgment of the General Court of 30 March 2022 — Koninklijke Luchtvaart Maatschappij 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 Switzerland on Air Transport — Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) — Exchange of information — Territorial jurisdiction of the Commission — Single and continuous infringement — Equal treatment — Obligation to state reasons — Amount of the fine — Value of sales — Gravity of the infringement — Extenuating circumstances — Anticompetitive conduct encouraged by the national authorities — Proportionality — Unlimited jurisdiction)
Case T-325/17: Judgment of the General Court of 30 March 2022 — Koninklijke Luchtvaart Maatschappij 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 Switzerland on Air Transport — Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) — Exchange of information — Territorial jurisdiction of the Commission — Single and continuous infringement — Equal treatment — Obligation to state reasons — Amount of the fine — Value of sales — Gravity of the infringement — Extenuating circumstances — Anticompetitive conduct encouraged by the national authorities — Proportionality — Unlimited jurisdiction)
Case T-325/17: Judgment of the General Court of 30 March 2022 — Koninklijke Luchtvaart Maatschappij 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 Switzerland on Air Transport — Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) — Exchange of information — Territorial jurisdiction of the Commission — Single and continuous infringement — Equal treatment — Obligation to state reasons — Amount of the fine — Value of sales — Gravity of the infringement — Extenuating circumstances — Anticompetitive conduct encouraged by the national authorities — Proportionality — Unlimited jurisdiction)
OJ C 207, 23.5.2022, p. 21–21
(GA)
OJ C 207, 23.5.2022, p. 24–24
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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23.5.2022 |
EN |
Official Journal of the European Union |
C 207/24 |
Judgment of the General Court of 30 March 2022 — Koninklijke Luchtvaart Maatschappij v Commission
(Case T-325/17) (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 Switzerland on Air Transport - Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) - Exchange of information - Territorial jurisdiction of the Commission - Single and continuous infringement - Equal treatment - Obligation to state reasons - Amount of the fine - Value of sales - Gravity of the infringement - Extenuating circumstances - Anticompetitive conduct encouraged by the national authorities - Proportionality - Unlimited jurisdiction)
(2022/C 207/32)
Language of the case: English
Parties
Applicant: Koninklijke Luchtvaart Maatschappij NV (Amstelveen, Netherlands) (represented by: M. Smeets, lawyer)
Defendant: European Commission (represented by: A. Dawes and C. Vollrath, acting as Agents, and by B. Doherty, Barrister)
Re:
Application under 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 applicant and, in the alternative, for the partial annulment of the decision and a reduction in the fine imposed on the applicant.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the European Commission to bear one third of its own costs; |
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3. |
Orders Koninklijke Luchtvaart Maatschappij NV to bear its own costs and pay two thirds of those incurred by the Commission. |