Judgment of the General Court of 30 March 2022 — Deutsche Lufthansa and Others v Commission

(Case T-342/17) (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 air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) - Exchange of information - Territorial jurisdiction of the Commission - Obligation to state reasons - Effect on trade between Member States - State coercion - Single and continuous infringement)

(2022/C 207/39)

Language of the case: English

Parties

Applicants: Deutsche Lufthansa AG (Cologne, Germany), Lufthansa Cargo AG (Frankfurt am Main, Germany), Swiss International Air Lines AG (Basle, Switzerland) (represented by: S. Völcker, lawyer)

Defendant: European Commission (represented by: A. Dawes and H. Leupold, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Article 1 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.

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 Deutsche Lufthansa AG, Lufthansa Cargo AG, Swiss International Air Lines AG to bear their own costs and to pay two thirds of those incurred by the Commission.

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(1)  OJ C 239, 24.7.2017.