On 12 July 2021, Cargolux brought an action against the European Commission before the General Court of the EU for the recovery of unpaid interest following annulment of the antitrust fine imposed on the airline. Cargolux is claiming more than 8 million euros in interest.
In support of its application, the applicant puts forward two pleas:
- First plea in law, alleging that the contested decision notified by the letter of 30 April 2021 is vitiated by an error of law and must be annulled in full pursuant to Article 263 TFEU. The applicant alleges that the contested decision incorrectly asserts that Cargolux’s request of 2 February 2021 for payment of the Default Interest Amount Payable and the Compound Interest Amount Payable is time-barred and inadmissible.
- Second plea in law, alleging that the Commission’s breach of the first paragraph of Article 266 TFEU renders the Union non-contractually liable to pay compensation equal to the Default Interest Amount Payable and the Compound Interest Amount Payable to Cargolux, pursuant to the second paragraph of Article 266 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU.