The claimant sought to bring an action for damages arising from an alleged breach of competition rules by the defendant. The defendant argued that the claim was out of time being outside the two year period required.
Held: The respondent’s appeal succeeded. Where there was an appeal against the infringement itself, the two year period was extended pending the resolution of that appeal. Where the appeal lay only against the penalty imposed, the period was not extended. The clamants would have to apply again to extend the limitation period so as to allow a claim.
Judges:
Lord Justice Waller, Lord Justice Lloyd and Lord Justice Richards
Citations:
[2009] EWCA Civ 434, Times 09-Jul-2009, [2009] Bus LR 1516, [2009] UKCLR 789
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also (CAT costs) – BCL Old Co Ltd and others v Aventis Sa and others CAT 28-Jan-2005
Applications for security for costs. . .
See Also – BCL Old Co Ltd and others v Basf Se and others CAT 25-Sep-2008
The claimant sought damages after the defendants had been found to be part of an unlawful price maintenance cartel. The respondent argued that the claim was out of time.
Held: The claim could proceed. . .
See Also – BCL Old Co Ltd v Basf Se CAT 17-Oct-2008
The Tribunal unanimously decided that ‘the relevant date’ under rule 31(2) of the Tribunal Rules for the purposes of the Claimants’ claim fell on the expiry of the period during which an appeal against the relevant judgment of the CFI could have . .
Cited by:
See Also – BCL Old Co Ltd and Others Basf Se (Formerly Basf Ag) and Others CAT 19-Nov-2009
The claimants wished to claim damages arising from the participation by the defendants in an unlawful cartel. The Court of Appeal had said that the claim was out of time, and that the claimants would have to seek an extension of time to bring their . .
See Also – BCL Old Co Ltd and Others v Basf Se (Formerly Basf Ag) and Others CAT 12-Feb-2010
. .
See Also – BCL Old Co Ltd and Others v BASF Se (Formerly BASF Ag) and Others CAT 12-Feb-2010
. .
See Also – BCL Old Co Ltd and others v Basf Se and Others CA 12-Nov-2010
. .
See Also – BCL Old Co Ltd and Others v BASF Plc and Others SC 24-Oct-2012
The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of . .
Lists of cited by and citing cases may be incomplete.
Commercial, Damages, European
Updated: 26 July 2022; Ref: scu.346305
