Judgment of the General Court of 30 March 2022 — Air France v Commission

(Case T-338/17) (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 - Single and continuous infringement - Conditions for granting immunity - Equal treatment - Obligation to state reasons - Amount of the fine - Value of sales - Gravity of the infringement - Duration of the participation in the infringement - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Proportionality - Unlimited jurisdiction)

(2022/C 207/36)

Language of the case: French

Parties

Applicant: Société Air France (Tremblay-en-France, France) (represented by: A. Wachsmann and A. de La Cotardière, lawyers)

Defendant: European Commission (represented by: A. Dawes and C. Giolito, acting as Agents, and by N. Coutrelis, lawyer)

Re:

Application under Article 263 TFEU for 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 partial annulment of that decision and a reduction in the amount of the fine imposed on the applicant.

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 Société Air France to bear its own costs and to pay two thirds of the costs incurred by the Commission.

(1) OJ C 277, 21.8.2017.