Air France v Commission (Judgment) French Text [2022] EUECJ T-338/17 (30 March 2022)

Air France v Commission (Judgment) French Text [2022] EUECJ T-338/17 (30 March 2022)

The Tribunal held that the Commission had competence to sanction the applicant for its participation in a worldwide cartel affecting air cargo services, including inbound routes, under both the implementation and effects doctrines. The Tribunal found no error in the Commission's interpretation of Regulation 411/2004...

Source-derived case information.

Citation
[2022] EUECJ T-338/17
Parties
Applicant: Société Air France; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
action dismissed
Legal Topics
Cartels, Price Fixing, Antitrust Fines, Jurisdiction of the European Commission, Air Transport, Leniency, Proportionality, Equality of Treatment
Competition Law European Union Law Cartels Price Fixing Antitrust Fines Jurisdiction of the European Commission Air Transport Leniency +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Société Air France

Applicant

Commission européenne

Respondent

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the European Commission had competence to apply Article 101 TFEU and Article 53 EEA Agreement to inbound air cargo services (services de fret entrants)
  2. 2 Whether the Commission erred in its calculation of fines, including value of sales and duration
  3. 3 Whether the applicant was entitled to reductions under leniency and mitigating circumstances

Ratio Decidendi

The Tribunal held that the Commission had competence to sanction the applicant for its participation in a worldwide cartel affecting air cargo services, including inbound routes, under both the implementation and effects doctrines. The Tribunal found no error in the Commission's interpretation of Regulation 411/2004 or in its application of the law to the facts. The calculation of fines, including the value of sales, duration, and reductions for leniency and mitigating circumstances, was upheld. No violation of equality, non-discrimination, legitimate expectation, or proportionality was established.

Court Disposition

action dismissed

Orders

  • The application is dismissed in its entirety.
  • Air France is ordered to bear its own costs and those of the Commission.