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Document 62017TN0337
Case T-337/17: Action brought on 30 May 2017 — Air France-KLM v Commission
Case T-337/17: Action brought on 30 May 2017 — Air France-KLM v Commission
Case T-337/17: Action brought on 30 May 2017 — Air France-KLM v Commission
IO C 256, 7.8.2017, p. 32–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
7.8.2017 |
EN |
Official Journal of the European Union |
C 256/32 |
Action brought on 30 May 2017 — Air France-KLM v Commission
(Case T-337/17)
(2017/C 256/38)
Language of the case: French
Parties
Applicant: Air France-KLM (Paris, France) (represented by: A. Wachsmann and S. Thibault-Liger, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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primarily, annul in full, on the basis of Article 263 TFEU, European Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport, Case COMP.39258 — Airfreight, insofar as it concerns Air France-KLM, as well as the grounds supporting its operative part, on the basis of the applicant’s first plea in law; |
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in the alternative, should the General Court not order the annulment in full of Decision C(2017) 1742 final on the basis of the first plea in law:
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in the further alternative, should the General Court not order the annulment of Decision C(2017) 1742 on the basis of the second, third or fourth pleas in law:
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in the even further alternative, should the General Court not order the annulment of Decision C(2017) 1742 on the basis of the fifth plea in law:
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in any event, order the European Commission to pay all of the costs. |
Pleas in law and main arguments
In support of the action, the applicant invokes nine pleas in law.
1. |
First plea in law, alleging that the responsibility for the practices of Air France and KLM was incorrectly attributed to Air France-KLM. This plea is divided into two parts:
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2. |
Second plea in law, alleging infringement of the 2002 Leniency Notice and of the principles of legitimate expectations, equal treatment and non-discrimination between Air France-KLM and Lufthansa affecting the admissibility of the evidence submitted in the context of Lufthansa’s application for immunity; |
3. |
Third plea in law, alleging breach of the duty to state reasons and infringement of the principles of equal treatment, non-discrimination and protection against arbitrary intervention on the part of the Commission as a result of the exclusion from the operative part of the decision of airlines which had been involved in the practices concerned. This plea comprises two parts:
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4. |
Fourth plea in law, alleging that the inclusion of the inbound EEA traffic in the single and continuous infringement is contrary to the rules imposing limits on the Commission’s territorial powers. This plea is divided into two parts:
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5. |
Fifth plea in law, alleging contradictory reasoning and a manifest error of assessment vitiating the finding that the refusal to pay commission to freight forwarders amounts to a separate aspect of the single and continuous infringement. This plea comprises two parts:
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6. |
Sixth plea in law, alleging an error in the sales values taken into account to calculate the fine imposed on Air France-KLM; this plea is divided into two parts:
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7. |
Seventh plea in law, alleging an erroneous assessment of the severity of the infringement; this plea comprises two parts:
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8. |
Eighth plea in law, alleging an error in the calculation of the duration of the infringement imputed to Air France and taken into account for the calculation of the fine imposed on Air France-KLM; |
9. |
Ninth plea in law, alleging a failure to state reasons and inadequacy of the 15 % reduction granted by the Commission in respect of the regulatory regimes. |