Commission Decision of 26 February 1992 relating to a procedure pursuant to Articles 85 and 86 of the EEC Treaty (IV/33.544, British Midland v. Aer Lingus) (Only the English text is authentic)

• Articles: 4

Article 1

1. Aer Lingus plc has infringed Article 86 of the EEC Treaty by withdrawing, on 7 May 1989, British Midland's authority to:

(i) issue or complete transportation documents for carriage between Dublin and London (Heathrow) in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780;

and

(ii) effect changes to its transportation documents in accordance with generally applicable procedures as laid down in IATA Resolution 736;

2. Aer Lingus plc has infringed Article 85 of the EEC Treaty by participating in a tariff consultation on 7 and 8 February 1991 without granting British Midland Airways Limited the authority to:

(i) issue or complete transportation documents for carriage over its Community network in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780;

and

(ii) effect changes to its transportation documents for carriage over its Community network in accordance with generally applicable procedures as laid down in IATA Resolution 736.

Article 2

Aer Lingus plc shall within two months from the date when this Decision is notified, put an end to the infringement established in Article 1 (1) and shall, for two years from that date, grant British Midland Airways Limited the authority to:

(i) issue or complete transportation documents for carriage between Dublin and London (Heathrow) in accordance with its own tariffs and other applicable provisions as laid down in IATA Resolution 780;

and

(ii) effect changes to its transportation documents in accordance with generally applicable procedures as laid down in IATA Resolution 736.

Aer Lingus shall notify the Commission of all measures it takes in order to comply with this order.

Article 3

For the infringements established in Article 1 (1), a fine of ECU 750 000 is hereby imposed on Aer Lingus plc.

The fine shall be paid within three months of the date of notification of this Decision to account No 310-0933000-43 with Banque Bruxelles Lambert, agence européenne, rond-point Schuman 5, B-1040 Bruxelles.

On expiry of that period, interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ecu operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, i.e. 13,75 %.

Should payment be made in the national currency of the Member State where the bank nominated for payment is situated, the exchange rate applicable shall be that prevailing on the day preceding payment.

Article 4

This Decision is addressed to Aer Lingus plc, Dublin Airport, Dublin, Ireland.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty. Done at Brussels, 26 February 1992. For the Commission

Leon BRITTAN

Vice-President

(1) OJ No L 374, 31. 12. 1987, p. 1. (2) OJ No L 376, 31. 12. 1988, p. 10. (3) About 10 to 20 % of the passengers carried continue beyond London or Dublin. Excluding these connecting passengers in order to isolate true 'origin/destination' passengers would not significantly change the respective shares of the airlines. (4) OJ No L 10, 15. 1. 1991, p. 14. (5) That statement was followed by a statement by a Commission representative explaining the conditions imposed by Regulation (EEC) No 84/91 and confirming that carriers not wishing to accept the obligation to interline should not be present at the consultations. (6) OJ No L 374, 31. 12. 1987, p. 1.