On Wednesday 30 March, the General Court of the European Union upheld most of the fines imposed on eleven airlines which, between 1999 and 2006, formed a cartel on the airfreight market through the coordinated introduction of fuel and security surcharges (Joined Cases T-323 to 326, 334, 337, 338, 340 to 344 and 350/17).
Thirteen airlines are challenging the European Commission’s decision of March 2017, which had upheld the fines imposed as early as November 2010 (see EUROPE 10253/26) while correcting the flaw in the reasoning that the General Court had identified in December 2015 to annul the first decision (see EUROPE 11455/26).
In its judgment, the General Court dismisses the appeals of the following companies and upholds the fines imposed on them: - €15.4 million to Martinair Holland; - €127 million to KLM; - €79.9 million to Cargolux Airlines; - €182.9 million to Air France; - €74.8 million to Singapore Airlines.
For SAS, the fine is modified, but the overall amount is still around €70 million.
The fines imposed are partially reduced for the following companies: - €28.88 million (instead of 35.7 million) for Japan Airlines; - €17.95 million (21.04) for Air Canada; - €84.46 million (104.4) for British Airways; - €47.14 million (57.12) for Cathay Pacific Airways; - €2.24 million (8.22) for Latam Airlines Group.
Fines were reduced because some companies did not participate in the security surcharge component of the single and continuous offence and/or the refusal to pay surcharge commissions component of the offence. Other companies did not participate in the infringement on intra-EEA and EU-Switzerland routes.
Lufthansa and its subsidiary Swiss Air, which were also involved, were granted immunity for informing the Commission of the cartel and actively contributing to the investigation.
Stakeholders have 2 months to appeal to the EU Court of Justice.
See the judgment: https://aeur.eu/f/116 (Original version in French by Mathieu Bion)