Judgment of the General Court of 30 March 2022 — Cathay Pacific Airways v Commission

(Case T-343/17) (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 - Rights of the defence - Limitation period - State constraint - Single and continuous infringement - Amount of the fine - Value of sales - Gravity of the infringement - Mitigating circumstances - Encouragement of anticompetitive behaviour by public authorities - Substantially reduced participation - Proportionality - Unlimited jurisdiction)

(2022/C 207/40)

Language of the case: English

Parties

Applicant: Cathay Pacific Airways Ltd (Hong Kong, China) (represented by: R. Kreisberger, QC, N. Grubeck, Barrister, M. Rees, Solicitor, and E. Estellon, lawyer)

Defendant: European Commission (represented by: A. Dawes and C. Urraca Caviedes, acting as Agents, and by J. Holmes, QC)

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 applicant and, in the alternative, for a reduction in the fine imposed on it.

Operative part of the judgment

The Court:

1.

Annuls Article 1(1)(g) and (4)(g) 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);

2.	Sets the amount of the fine imposed on Cathay Pacific Airways Ltd in Article 3(g) of that decision at EUR 47 040 000;

3.	Dismisses the action as to the remainder;

4.	Orders Cathay Pacific Airways to bear one third of its own costs;

5.	Orders the European Commission to bear its own costs and to pay two thirds of the costs incurred by Cathay Pacific Airways.

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(1)  OJ C 239, 24.7.2017.