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 imports: ‘[Counsel] has done sufficient to satisfy me that the questions which arise are highly complex ones…I cannot regard it as very likely that the claimants in this action will succeed…but I cannot say that they have no prospect. The test which has to be applied is whether they have a real prospect and of course a prospect can be real, notwithstanding that it is a small prospect or one that does not seem terribly likely to eventuate.’
Judges:
Tomlinson J
Citations:
[2002] 2 UKCLR 160
Cited by:
Cited – Adidas-Salomon Ag v Drape and others ChD 7-Jun-2006
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 . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 01 May 2022; Ref: scu.242356