#62021TJ0310General Court Judgment: Air Canada v European Commission – Interest on Fine Overpayment (Case T-310/21)

On 25 March 2026, the General Court of the EU (Ninth Chamber, Extended Composition) ruled in Case T-310/21 on a non-contractual liability claim brought by Air Canada against the European Commission. The case arose from the airfreight cartel proceedings, in which Air Canada had originally been fined for participating in price-fixing agreements. Following a prior judgment that reduced Air Canada's fine, a portion of the paid fine became an overpayment. The Commission refused to pay interest on the overpaid amount, prompting Air Canada to seek damages. The Court examined key procedural and substantive issues including the admissibility of the claim, the applicable limitation period for non-contractual liability actions, the starting point and interruption of that limitation period, and what constitutes 'interest' in this context. The Court also determined the applicable interest rate on the overpaid sum. This judgment clarifies the conditions under which the EU institutions may be held liable for refusing to pay interest on amounts overpaid following a judicial reduction of a competition fine, and establishes important precedent regarding limitation periods and interest rate calculations in such disputes.

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