The EU General Court reminds the Commission that grounds for a ruling must be consistent with findings (Air Freight cartel)

On 16 December 2015, Christmas came early for thirteen airlines when the European General Court annulled (“reversed” in U.S. terminology) the European Commission’s (the “Commission”) November 2010 Air Freight decision, in which they were fined a total of EUR 799 million (the “Decision”). [1] The General Court ruled that the Decision was vitiated by contradictions between the stated grounds for the Decision and its ‘operative part’ (“findings” in U.S. terminology). This Article considers the impact of the General Court’s Air Freight ruling on the follow-on damages actions that have been filed across Europe against a number of the original addressees (“defendants” in U.S. terminology) of the Decision (and other airlines), together with the possible next step for the beleaguered Commission. The

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  • Hausfeld (London)

Quotation

Lesley Hannah, The EU General Court reminds the Commission that grounds for a ruling must be consistent with findings (Air Freight cartel), 16 December 2015, e-Competitions December 2015, Art. N° 96520

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