On 30 March 2022, in the most recent judgment in the long-running “Air Cargo” damages litigation, the European General Court upheld, in part, Cathay Pacific’s appeal and partly annulled the Commission’s 2017 decision. This resulted in cut in the fine imposed on the airline, from €57.12m to €47.14m.
The judgment upheld one of Cathay Pacific’s grounds of appeal and annuls the Commission decision in part, on the basis that penalising Cathay Pacific for the infringement in respect of intra-EEA routes and EU Switzerland routes was in breach of the rules on limitation.
British Airways, Japan Airlines, Air Canada, SAS Cargo, LATAM and LAN Cargo also secured partial annulment. However, the General Court upheld the European Commission fines against Air France, KLM and Martinair, along with Cargolux, Singapore Airlines, and Singapore Airlines Cargo, as well as Lufthansa.
See judgment in Case T-343/17 Cathay Pacific v European Commission EU:T:2022:184 here.
See the CJEU’s press release here.
Ronit Kreisberger QC and Nikolaus Grubeck represented Cathay Pacific, instructed by Martin Rees and Erling Estellon of Squire Patton Boggs.
Josh Holmes QC represented the European Commission.