Documents of European Union

3381

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Cargolux Airlines International SA v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Single and continuous infringement taken as a whole – Substitution of grounds – Restriction of competition ‘by object’ – Examination of the legal and economic context – Scope – Criteria for characterising a single and continuous infringement – Liability for all the forms of conduct comprising that infringement – Conditions – Duration of participation in such an infringement – Lack of evidence of participation in an element of that infringement during significant periods of time – Equal treatment.#Case C-401/22 P.

cjeu_case · February 26, 2026

3382

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Cargolux Airlines International SA v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Single and continuous infringement taken as a whole – Substitution of grounds – Restriction of competition ‘by object’ – Examination of the legal and economic context – Scope – Criteria for characterising a single and continuous infringement – Liability for all the forms of conduct comprising that infringement – Conditions – Duration of participation in such an infringement – Lack of evidence of participation in an element of that infringement during significant periods of time – Equal treatment.#Case C-401/22 P.

cjeu_case · February 26, 2026

3383

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Martinair Holland NV v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects.#Case C-386/22 P.

cjeu_case · February 26, 2026

3384

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Martinair Holland NV v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects.#Case C-386/22 P.

cjeu_case · February 26, 2026

3385

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Koninklijke Luchtvaart Maatschappij NV v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects.#Case C-385/22 P.

cjeu_case · February 26, 2026

3386

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Koninklijke Luchtvaart Maatschappij NV v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects.#Case C-385/22 P.

cjeu_case · February 26, 2026

3387

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Cathay Pacific Airways Ltd v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Defence alleging State constraint – Decision of the General Court of the European Union not to rule on certain pleas – Proof of participation in a single and continuous infringement – Evidence relating to recitals in the decision at issue supporting a part of the operative part thereof which was annulled by the General Court.#Case C-382/22 P.

cjeu_case · February 26, 2026

3388

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Cathay Pacific Airways Ltd v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Defence alleging State constraint – Decision of the General Court of the European Union not to rule on certain pleas – Proof of participation in a single and continuous infringement – Evidence relating to recitals in the decision at issue supporting a part of the operative part thereof which was annulled by the General Court.#Case C-382/22 P.

cjeu_case · February 26, 2026

3389

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Japan Airlines Co. Ltd v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Requirement of substantiality – Requirement of immediacy – Single and continuous infringement.#Case C-381/22 P.

cjeu_case · February 26, 2026

3390

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Japan Airlines Co. Ltd v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Requirement of substantiality – Requirement of immediacy – Single and continuous infringement.#Case C-381/22 P.

cjeu_case · February 26, 2026

3391

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Deutsche Lufthansa AG and Others v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Single and continuous infringement.#Case C-380/22 P.

cjeu_case · February 26, 2026

3392

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Deutsche Lufthansa AG and Others v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Single and continuous infringement.#Case C-380/22 P.

cjeu_case · February 26, 2026

3393

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Singapore Airlines Ltd and Singapore Airlines Cargo Pte Ltd v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Single and continuous infringement – Conduct adopted in the context of a commercial alliance – Account taken – Regulation (EC) No 1/2003 – Article 25 – Limitation period for the Commission’s powers to impose penalties – Plea based on the limitation period – Plea involving a matter of public policy.#Case C-379/22 P.

cjeu_case · February 26, 2026

3394

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Singapore Airlines Ltd and Singapore Airlines Cargo Pte Ltd v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Single and continuous infringement – Conduct adopted in the context of a commercial alliance – Account taken – Regulation (EC) No 1/2003 – Article 25 – Limitation period for the Commission’s powers to impose penalties – Plea based on the limitation period – Plea involving a matter of public policy.#Case C-379/22 P.

cjeu_case · February 26, 2026

3395

Judgment of the Court (Fifth Chamber) of 26 February 2026.#British Airways plc v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Characterisation – Single and continuous infringement – Taking into account the effects of the single and continuous infringement as a whole.#Case C-378/22 P.

cjeu_case · February 26, 2026

3396

Judgment of the Court (Fifth Chamber) of 26 February 2026.#British Airways plc v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Characterisation – Single and continuous infringement – Taking into account the effects of the single and continuous infringement as a whole.#Case C-378/22 P.

cjeu_case · February 26, 2026

3397

Judgment of the Court (Fifth Chamber) of 26 February 2026.#LATAM Airlines Group SA and Lan Cargo SA v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Single and continuous infringement – Failure to prove that a participant was aware of two elements of the infringement – Annulment in part or in full of the Commission’s decision – Territorial jurisdiction of the Commission – Finding of a ‘worldwide’ cartel.#Case C-375/22 P.

cjeu_case · February 26, 2026

3398

Judgment of the Court (Fifth Chamber) of 26 February 2026.#LATAM Airlines Group SA and Lan Cargo SA v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Single and continuous infringement – Failure to prove that a participant was aware of two elements of the infringement – Annulment in part or in full of the Commission’s decision – Territorial jurisdiction of the Commission – Finding of a ‘worldwide’ cartel.#Case C-375/22 P.

cjeu_case · February 26, 2026

3399

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Air France-KLM v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge and refusal to pay commission on surcharges) – Parent company and subsidiaries – Attributability of unlawful conduct – Inbound airfreight services – Territorial jurisdiction of the Commission – Qualified effects – Calculation of the fine – Mitigating circumstance – Taking into account of regulatory regimes in force in third countries – Equal treatment – Duration of participation in the single and continuous infringement – Evidence – Participation in the various components of the single and continuous infringement.#Case C-370/22 P.

cjeu_case · February 26, 2026

3400

Judgment of the Court (Fifth Chamber) of 26 February 2026.#Air France-KLM v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision of the European Commission finding an infringement of Article 101 TFEU, Article 53 of the Agreement on the European Economic Area and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, and refusal to pay commission on surcharges) – Parent company and subsidiaries – Attributability of unlawful conduct – Inbound freight services – Territorial jurisdiction of the Commission – Qualified effects – Calculation of the fine – Mitigating circumstance – Taking into account of regulatory regimes in force in third countries – Equal treatment – Duration of participation in the single and continuous infringement – Evidence – Participation in the various components of the single and continuous infringement.#Case C-370/22 P.

cjeu_case · February 26, 2026