Brussels, 16/12/2015 (Agence Europe) - On Wednesday 16 December, the General Court of the EU overturned four fines for a total of €790 million handed down in 2010 by the European Commission to a number of airlines over their involvement in a cartel in the airfreight market (see EUROPE 10253).
In its judgments (T-9/11 and others), the General Court found in particular that there was a contradiction between the grounds for the decision and the form it took. In the grounds for its decision, the Commission refers to a single cartel, described as a single and ongoing infringement, whilst the form of the penalty takes note of a further four separate single and ongoing infringements. There is also an internal inconsistency in the grounds.
This situation led to the General Court to conclude that the contradictions within the decision were likely to harm the defence rights of the companies in question and prevent the General Court from exercising its control.
All of the airlines involved in this case have had their fines written off, with the exception of Quantas Airways, which did not appeal against it. (Original version in French by Jan Kordys)