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Document 62011CO0602

    Schenker v Deutsche Lufthansa and Others

    Keywords
    Subject of the case
    Operative part

    Keywords

    Judicial proceedings 

    —

    Intervention 

    —

    Conditions of admissibility 

    —

    Interest in the result of the case 

    —

    Meaning 

    —

    Need for a direct and existing interest 

    —

    Dispute concerning the lawfulness of a Commission decision finding there to be a cartel and imposing a fine 

    —

    Lack of direct interest of the customers of undertakings participating in the cartel 

    —

    Ability of a customer to seek compensation for harm caused by the cartel 

    —

    Customer who has made an application for access to the documents of the administrative procedure concerning the cartel 

    —

    Lack of relevance (Art. 101 TFEU; Statute of the Court of Justice, Art. 40, second para.; European Parliament and Council Regulation No 1049/2001) (see paras 10, 12-16, 23-25

    )

    Subject of the case

    Re:

    Appeal brought against the order of the General Court (Sixth Chamber) of 25 October 2011 in Case T-46/11 Deutsche Lufthansa and Others v Commission , by which the General Court rejected the application for leave to intervene made by Schenker AG — Interest in the result of the case — Dispute relating to an application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, of 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).

    Operative part

    Operative part:

    1. The appeal is dismissed.

    2. Schenker AG is ordered to pay the costs.

    Top

    Order of the President of the Court of 8 June 2012 — Schenker v Deutsche Lufthansa and Others

    (Case C-602/11 P(I))

    ‛Appeals — Intervention — Interest in the result of the case’

    Judicial proceedings — Intervention — Conditions of admissibility — Interest in the result of the case — Meaning — Need for a direct and existing interest — Dispute concerning the lawfulness of a Commission decision finding there to be a cartel and imposing a fine — Lack of direct interest of the customers of undertakings participating in the cartel — Ability of a customer to seek compensation for harm caused by the cartel — Customer who has made an application for access to the documents of the administrative procedure concerning the cartel — Lack of relevance (Art. 101 TFEU; Statute of the Court of Justice, Art. 40, second para.; European Parliament and Council Regulation No 1049/2001) (see paras 10, 12-16, 23-25)

    Re:

    Appeal brought against the order of the General Court (Sixth Chamber) of 25 October 2011 in Case T-46/11 Deutsche Lufthansa and Others v Commission, by which the General Court rejected the application for leave to intervene made by Schenker AG — Interest in the result of the case — Dispute relating to an application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, of 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).

    Operative part:

    1. 

    The appeal is dismissed.

    2. 

    Schenker AG is ordered to pay the costs.
    Top