Abstract
Judgment of 11 November 2021, Stichting Cartel Compensation and Equilib Netherlands BV v Koninklijke Luchtvaart Maatschappij NV and Others, C-819/19, EU:C:2021:904 National courts have jurisdiction to apply Article 101 TFEU and Article 53 EEA in actions for damages for infringements prior to the entry into force of Regulation 1/2003 and during the transitional regimes of Articles 104 and 105 TFEU and of Article 55 EEA The genesis of Stichting Cartel is the European Commission’s 2010 decision (Case COMP/39258—Airfreight), which it confirmed in substance by its 2017 decision (Case AT.39258—Airfreight) (the 2017 Decision). The Commission found that a number of carriers in the air transport sector had infringed Article 101 TFEU, Article 53 EEA, and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (the Swiss Agreement) by coordinating their pricing relating to airfreight services on a worldwide basis. The Commission imposed fines on 19 carriers, including the defendants in the Stichting Cartel proceedings before the national referring court, the Rechtbank Amsterdam.
Published Version
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