The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe.
Held: The rules were potentially a breach of the claimants rights to trade, and an interim injunction was granted to prevent their imposition: ‘Articles 81 and 82 contain competition rules of the European Community. They are of direct effect and impose on all undertakings to which they apply external constraints as to what they may do. If it is alleged that the ITF is in breach of either Article then it is the duty of the court to scrutinise its activities of which complaint is made and, if the case is made out, to give judgment against it. The principles applicable to decisions of domestic regulatory sporting bodies who are not in breach of either Article are not in point. But even if the latter principles did apply the discriminatory enforcement of sporting rules based on a fundamental misunderstanding of what the rule required, which Adidas submits is the case here, would entitle the court to interfere. ‘
Judges:
The Chancellor of the High Court
Citations:
[2006] EWHC 1318 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Intel Corporation v Via Technologies Inc, Elitegroup Computer Systems (UK) Ltd Via Technologies Inc , Via Technologies (Europe) Ltd, Realtime Distribution Ltd CA 20-Dec-2002
Infringement of patents.
Held: With regard in particular to competition law claims (or defences), where the area of law is in the course of development the court should be cautious ‘to assume that it is beyond argument with real prospect of . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Bavarian Lager Co Ltd v DTI 2002
The court was asked to enforce a beer tie agreement.
Held: The court refused summarily to dismiss the claim on the ground, as claimed by the defendant, that it was contrary to Article 28 EC Treaty as amounting to a quantitative restriction on . .
Cited – B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo ECJ 12-Dec-1974
ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in . .
Cited – Ferlini v Centre hospitalier de Luxembourg ECJ 3-Oct-2000
ECJ A national of one Member State working in another Member State does not lose his status of worker within the meaning of Article 48(1) of the Treaty (now, after amendment, Article 39(1) EC) through occupying a . .
Cited – Aeroports de Paris v Commission ECFI 12-Dec-2000
ECJ Competition – Air transport – Airport management – Applicable regulation – Regulation No 17 and Regulation (EEC) No 3975/87 – Abuse of dominant position – Discriminatory fees.
The burden on Aeroports de . .
Cited – Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie ECJ 21-Sep-1999
ECJ Compulsory affiliation to a sectoral pension scheme – Compatibility with competition rules – Classification of a sectoral pension fund as an undertaking. . .
Cited – Piau v Commission ECFI 26-Jan-2005
Europa Reglement de la Federation internationale de football association (FIFA) gouvernant l’activite des agents de joueurs – Decision d’une association d’entreprises – Articles 49 CE, 81 CE et 82 CE – Plainte – . .
Cited – Hydrotherm Geratebau gmbh v Compact del Dott Ing Mario andreoli and c Sas ECJ 12-Jul-1984
Europa In competition law, the term ‘ undertaking ‘ must be understood as designating an economic unit for the purposes of the subject-matter of the agreement in question even if in law that economic unit . .
Cited – Gaetano Dona v Mario Mantero ECJ 14-Jul-1976
Europa Discrimination based upon nationality – prohibition – matches between professional sportsmen – exclusion – infringement of articles 48 to 51 or 59 to 66 of the EEC treaty – restrictions in the case of . .
Cited – Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others ECJ 11-Apr-2000
It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a . .
Cited – Jyri Lehtonen and Castors Canada Dry Namur-Braine ASBL v Federation royale belge des societes de basket-ball ASBL (FRBSB) ECJ 13-Apr-2000
Europa The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is . .
Cited – Meca-Medina and Majcen v Commission ECFI 30-Sep-2004
ECJ Competition – Freedom to provide services – Anti-doping legislation adopted by the International Olympic Committee (IOC) – Purely sporting legislation
The claimants were athletes who complained that . .
Cited – A Ahlstrom Osakeyhtio And Others v Commission Of The European Communities ECJ 27-Sep-1988
The court considered the territorial scope of Articles 81 and 82. in the context of producers outside the Community selling to purchasers established in the Community. The external producers had engaged in price fixing and therefore restricted . .
Cited – Gencor Ltd v Commission ECFI 25-Mar-1999
ECFI Council Regulation 4064/89, Article 2(3) provided that there should be declared to be incompatible with the common market: ‘A concentration which creates or strengthens a dominant position as a result of . .
Cited – Compagnie Maritime Belge Transports and others v Commission ECJ 16-Mar-2000
ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to . .
Cited – NWL Ltd v Woods HL 1979
The phrase ‘trade dispute’ was defined by reference to (i) the parties to it and (ii) the subject matter. Lord Scarman referred to the legislative history of attempts to regulate strike actions by trades unions: ‘It is wrong to attempt to construe . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Cayne and Another v Global Natural Resources Plc ChD 12-Aug-1982
The court gave this example of the legitimate use of the directors’ powers to defeat a take-over: ‘If Company A and Company B are in business competition, and Company A acquires a large holding of shares in Company B with the object of running . .
Cited – Garden Cottage Foods Ltd v Milk Marketing Board HL 1984
In English law a breach of statutory duty, is actionable as such by a private individual to whom loss or damage is caused by a breach of that duty. Lord Diplock said that it was quite unarguable: ‘that if such a contravention of Article 86 gives . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 25 October 2022; Ref: scu.242355