Judicial

#62021TJ0313General Court Judgment on SAS Cargo Group v European Commission – Interest on Overpaid Competition Fine

🇪🇺European Union··Other·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The General Court (Ninth Chamber, Extended Composition) ruled on 25 March 2026 in Case T-313/21 concerning a non-contractual liability claim by SAS Cargo Group A/S and others against the European Commission. The case arose from the Commission's refusal to pay interest on an overpayment of a competition fine after the General Court had previously reduced the fine imposed on SAS Cargo in connection with a cartel in the airfreight market involving agreements, decisions, and concerted practices. The judgment addresses several key legal issues including the applicable limitation period for such claims, the starting point of that limitation period, whether the limitation period was interrupted, the admissibility of the action, and critically, the concept of 'interest' owed on overpaid fines and the applicable interest rate. This ruling clarifies the rights of undertakings to recover interest when competition fines are subsequently reduced on appeal. The case has broader significance for EU competition law enforcement, as it establishes principles regarding the Commission's financial obligations when fines are partially annulled or reduced by the EU courts, affecting how overpayments are handled and what compensation is due to affected companies.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Establishes that undertakings are entitled to interest on overpaid competition fines when the General Court reduces the original fine amount
  • Clarifies the starting point of the limitation period for non-contractual liability claims related to fine overpayments against the Commission
  • Defines the applicable interest rate for Commission reimbursements of overpaid competition fines

+ 3 more changes with Pro

Affected Parties

Airlines and airfreight carriers subject to EU competition finesSAS Cargo Group A/S and affiliated companies+4 more…

Tags

EU competition law,airfreight cartel,fine overpayment interest