Get 40% Off
💰 Buffett reveals a $6.7B stake in Chubb. Copy the full portfolio for FREE with InvestingPro’s Stock Ideas toolCopy Portfolio

Air France-KLM, 10 others win fight against EU cargo cartel fines

Published 16/12/2015, 16:54
© Reuters. An Air France pilot looks on as he taxis his Boeing 777 aircraft after landing at the Charles de Gaulle International Airport in Roissy, near Paris
LHAG
-
AIRF
-
BMWG
-
0293
-
QAN
-
SIAL
-
ICAG
-
SASs
-
AC
-
9201
-

By Michele Sinner and Foo Yun Chee

LUXEMBOURG (Reuters) - Air France-KLM (PA:AIRF) and 10 other airlines won a challenge against almost 800 million euros (£582.8 million) in fines for fixing air freight charges after Europe's second highest court said it had found contradictions in the EU decision.

The European Commission said in a 2010 finding that 11 air cargo carriers fixed surcharges for fuel and security costs from December 1999 to February 2006, acting as a global cartel.

Air France took the biggest hit with a fine of 182.9 million euros while KLM came in second at 127.2 million euros. The two carriers merged to form Air France-KLM in 2004. British Airways' penalty stood at 104 million euros.

The EU decision has since made the carriers a focus of damages claims from companies such as Germany's Deutsche Bahn [DBN.UL], carmaker BMW (DE:BMWG) and car supplier Bosch.

The airlines subsequently challenged the EU antitrust enforcer's decision. Judges agreed with their arguments on Wednesday, annulling the EU competition enforcer's fines.

The court backed the airlines' view that the Commission had considered four distinct cartel infringements, while the grounds for its decision were based on the sense of there being one single and continuous period of wrongdoing. The court said that penalised companies must be able to understand and to contest liability.

"The grounds and the operative part of the decision are contradictory," the judges said.

The Commission said it would examine the ruling and the next steps.

"We note that the Court did not rule on whether the Commission could prove the infringement or not," the EU executive said in a statement.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

Air France-KLM's shares extended gains after the court verdict and were trading up 1.1 percent at 1617 GMT. The carrier said it had outstanding provisions for 380 million euros connected to the fines, including interest.

The other airlines involved in the case are Air Canada (TO:AC), Martinair, British Airways (L:ICAG), Cargolux, Cathay Pacific Airways (HK:0293), Japan Airlines (T:9201), LAN Chile, SAS (ST:SAS) and Singapore Airlines (SI:SIAL).

Lufthansa (DE:LHAG), which escaped a sanction because it blew the whistle on the cartel, also took legal action because it disagreed with the Commission's view that there was a single, continuous infringement. Qantas (AX:QAN), which was fined 8.9 million euros, did not challenge the Commission's decision.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.