English Arabic Armenian Azerbaijani Chinese (Simplified) Chinese (Traditional) Czech Danish Dutch Estonian Filipino Finnish French Galician Georgian German Greek Hindi Hungarian Icelandic Indonesian Italian Japanese Korean Latvian Lithuanian Malay Maltese Norwegian Persian Polish Portuguese Russian Slovak Slovenian Spanish Swedish Thai Turkish Ukrainian Vietnamese

Cargolux et al cashback from cartel court

LUXEMBOURG: December 16, 2015. The General Court of the European Union has annulled fines of €790 million imposed in 2010 on 10 major airlines by the European Commission for alleged cartel behavior.

In addition to a €79.9 million refund for Cargolux, Air France-KLM is due €182.9 million, KLM a further €124.4 million, BA will get €104 million, Martinair €29.5 million and Cathay Pacific €57 million.

The decision to fine the carriers followed an investigation by the Commission into alleged air cargo collusion after a whistleblower move by Lufthansa Cargo and Swiss International Airlines in 2005.

Cargolux 45 yearsIn reaching its judgment the Court said the Commission had a responsibility to make the operative part of any decision "clear and precise" and a company subject to any penalties must be in a position to understand why.

According to the Commission, the operative part of its decision mentions four infringements relating to different periods and routes. Whereas some of the infringements were found to have been committed by all the carriers concerned, others were found to have been committed by a more limited group of airlines.

Despite this, the Commission concluded there was one single and continuous worldwide infringement covering all the routes by all the carriers and imposed fines on all of them with the exception of Lufthansa and Swiss that were granted immunity.

In appealing to the Court, the airlines fined by the Commission claimed the decision did not allow them to determine the nature and scope of their alleged infringements, and therefore there was a contradiction between the grounds and the operative part of the decision.

The Court agreed - noting the carriers were held liable for the entirety of the infringement with no distinction made between the routes they operated and those they didn't.

The Court added that the grounds for the Commission's decision "contain assessments which are difficult to reconcile with the existence of a single cartel covering all of the routes referred to in the operative part". The resultant inconsistencies, it declared, "were liable to infringe the applicant's rights of defense and prevent the Court from exercising its power of review".

The Court has ordered the Commission to pay the airlines' court costs and has given it two months to appeal the annulment decision.

News

Written on 27/03/2017, 21:25
psa-profit-despite-unrelenting-trials-and-tribulationsSINGAPORE: March 27, 2017. CMA CGM and PSA Singapore have added two more berths to their container terminal joint venture for a total capacity of four...
Written on 24/03/2017, 19:32
malaysia-and-alibaba-to-build-digital-trade-platformKUALA LUMPUR: March 23, 2017. Alibaba is to partner with the state-run Malaysia Digital Economy Corporation (MDEC) to host what company executive chairman...
Written on 24/03/2017, 16:31
ai-becomes-truckload-matchmakerHAMBURG: March 24, 2017. As PwC releases a report suggesting 950,000 jobs will be lost in the UK transport sector from the use of artificial intelligence...
Written on 24/03/2017, 15:49
dp-world-eyes-panama-as-net-profit-jumpsDUBAI: March 22, 2017. DP World has reported a 29.9 percent rise in net profit for 2016 to US$1.26 billion, on a 4.9 percent increase in revenue to total...
Written on 22/03/2017, 22:12
new-ocean-carrier-alliances-to-shake-things-upGENEVA/BRUSSELS: March 22, 2017. The impending operation of three ocean box alliances on April 01 has prompted fears of capacity constraints and rising...
Written on 20/03/2017, 19:53
volga-dnepr-paid-former-u-s-national-security-advisorWASHINGTON, DC: March 20, 2017. As Congressional hearings begin on possible connections between the Trump presidential election bid and Russia, evidence...
Written on 17/03/2017, 20:55
lufthansa-group-reports-rise-in-net-profitFRANKFURT: March 16, 2017. The Lufthansa Group has reported a 4.6 rise in net profit to €1.77 billion in 2016 on a 1.2 percent drop in revenue to €31.66...
Written on 17/03/2017, 19:19
another-airline-level-for-iagBARCELONA: March 17, 2017. International Airlines Group (IAG) will begin flights from Barcelona to Los Angeles, Oakland, Punta Cana in the Dominican...
Written on 17/03/2017, 17:39
european-commission-re-imposes-cargo-finesBRUSSELS: March 17, 2017. The European Commission has renewed its decision to fine 11 airlines €776.46 million for operating an air cargo cartel between...
Written on 15/03/2017, 20:15
ups-continues-to-reduce-ghg-emissionsATLANTA, GA: March 15, 2017. UPS is to spend an additional US$90 million on expanding its U.S. natural gas fueling infrastructure and acquiring more...
Written on 14/03/2017, 21:13
air-cargo-stuck-in-the-16th-centuryABU DHABI: March 14, 2017. Speaking at the opening of the 11th World Cargo Symposium, IATA director general and CEO Alexandre de Juniac warned air cargo...
Written on 09/03/2017, 20:41
u-s-infrastructure-strong-risk-of-failureRESTON, VA: March 09, 2017. The American Society of Civil Engineers (ASCE) says restoring U.S. infrastructure to its competitive position will cost the...
Written on 08/03/2017, 19:52
zte-fined-over-a-us-1-billionDALLAS/ SHENZHEN: March 07, 2017. ZTE, a provider of telecommunications systems, mobile devices and enterprise technology solutions, has been fined...
Written on 07/03/2017, 22:51
no-additional-trade-tariffs-warns-mexicoDETROIT, MI: March 06, 2017. Addressing executives from the U.S. auto industry, Mexico Secretary of Commerce Ildefonso Guajardo Villarreal has reiterated...
Written on 07/03/2017, 20:38
maersk-and-ibm-to-launch-digital-trade-solutionARMONK, NY: March 06, 2017. Following ratification of the WTO's Trade Facilitation Agreement, IBM and Maersk are developing the use of blockchain...
Written on 06/03/2017, 20:36
dsv-signs-red-cross-agreementCOPENHAGEN: March 07, 2017. DSV and Denmark's Red Cross have signed a global logistics agreement that includes the donation of two warehouses. With a...
Written on 06/03/2017, 19:07
good-start-for-air-cargo-in-2017GENEVA: March 07, 2017. Noting an increase in the shipment of silicon materials, IATA reported a 9.0 percent year-on-year jump in airfreight...
Written on 03/03/2017, 21:33
iata-repeats-trump-warningWASHINGTON, DC: March 03, 2017. IATA has reiterated its warning to the Trump Administration about a future of restricted borders and protectionism. "Our...
Written on 02/03/2017, 22:52
america-first-for-tradeWASHINGTON, DC: March 02, 2017. With the confirmation of Trump's billionaire Florida neighbor Wilbur Ross as U.S. Commerce secretary, a recent Gallup poll...
Written on 27/02/2017, 22:24
us-400-billion-exposure-for-shipping-industryLONDON: February 27, 2017. New research suggests financial institutions supporting the global shipping industry have a US$400 billion exposure to future...

- powered by Quickchilli.com -