CASE COMMENTS : PROCEDURES – ANTICOMPETITIVE PRACTICES – INTERVENTION – INTEREST IN THE RESULT OF THE CASE – CUSTOMER AFFECTED BY A CARTEL – AIR TRANSPORT

Intervention – Interest in the result of the case: The Court of Justice considers that the customer of undertakings participating in a cartel has no ground to intervene before the Court (Schenker, Deutsche Lufthansa e.a.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU (Pres. Ord.), 8 June 2012, Schenker v Deutsche Lufthansa and Others, Case C-602/11 P(I). In that case, Schenker had sought to intervene in support of the Commission in the action for annulment brought by several airlines against the decision imposing a fine on them for their participation in a cartel in the air freight sector (Commission of the European Communities, 9 November 2010, C(2010) 7694, Case COMP/39258). The Court of First Instance had rejected his application on the ground that Schenker did not show "an interest in the solution of the dispute" within the meaning of the second paragraph of Article 40 of the Statute of the Court (Trib. UE

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Alexandre Lacresse, Intervention – Interest in the result of the case: The Court of Justice considers that the customer of undertakings participating in a cartel has no ground to intervene before the Court (Schenker, Deutsche Lufthansa e.a.), 8 June 2012, Concurrences N° 3-2012, Art. N° 48450, pp. 186-187

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