Category: Commercial

Elf Aquitaine v Commission: ECJ 29 Sep 2011

ECJ Appeal – Agreements, decisions and concerted practices – Articles 81 EC and 53 of the EEA Agreement – Monochloroacetic acid market – Rules on the imputability of anti-competitive practices by a subsidiary to its parent company – Presumption of the effective exercise of a determining influence – Rights of the defense – Obligation to state reasons

Citations:

[2011] EUECJ C-521/09

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Elf Aquitaine v Commission ECJ 17-Feb-2011
ECJ (Competition) Appeal – Cartels – European monochloroacetic acid – Rules relating to the accountability of anticompetitive practices of a subsidiary to its parent – the presumption of innocence and personality . .

Cited by:

See Also – Elf Aquitaine v Commission ECJ 1-Oct-2013
Taxation of costs . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 06 April 2022; Ref: scu.606449

The LCD Appeals: CA 16 Feb 2018

The court ws asked,in four appeals, as to the territorial scope of Article 101 of the Treaty on the Functioning of the European Union (‘Article 101’) and/or of Article 53 of the Agreement on the European Economic Area (‘Article 53’ and the ‘EEA’ respectively).

Judges:

Longmore, Henderson, Asplin DBE LJJ

Citations:

[2018] EWCA Civ 220

Links:

Bailii

Jurisdiction:

England and Wales

European, Commercial

Updated: 05 April 2022; Ref: scu.605185

BSC Footwear Supplies and others v Council: ECFI 28 Feb 2002

ECFI Although participation by an undertaking in an anti-dumping proceeding may be taken into account, amongst other factors, in order to establish whether that undertaking is individually concerned, within the meaning of the fourth paragraph of Article 173 EC (now, after amendment, the fourth paragraph of Article 230 EC), by the regulation introducing anti-dumping duties adopted at the conclusion of that proceeding, if there are no other factors giving rise to a particular situation which distinguishes that undertaking from all other traders, with respect to the measure in question, such participation does not, of itself, give rise to a right enabling the undertaking to bring a direct action against that regulation. For that purpose, the mere fact that a number of the applicant undertakings were specifically named in the contested regulation cannot lead to a different conclusion.

Citations:

T-598/97, [2002] EUECJ T-598/97

Links:

Bailii

Jurisdiction:

European

European, Commercial

Updated: 05 April 2022; Ref: scu.173471

Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria: ECJ 8 Feb 2018

(Competition – Judgment) Reference for a preliminary ruling – Public procurement – Articles 49 and 56 TFEU – Directive 2004/18/EC – Reasons for exclusion from a tendering procedure – Insurance services – Participation of several Lloyd’s of London syndicates in the same tendering procedure – Signature of tenders by the Lloyd’s of London General Representative for the country concerned – Principles of transparency, equal treatment and non-discrimination – Proportionality

Citations:

ECLI:EU:C:2018:78, [2018] EUECJ C-144/17

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604729

Panalpina World Transport (Holding) and Others v Commission: ECJ 1 Feb 2018

Competition – Price Fixing – Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFUE – Price fixing – International air freight forwarding services – Tariff agreement affecting the final price of services

Citations:

C-271/16, [2018] EUECJ C-271/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604731

Schenker v Commission: ECJ 1 Feb 2018

Competition – Price Fixing – Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Price fixing – International air freight forwarding services – Pricing agreement affecting the final price of the services

Citations:

ECLI:EU:C:2018:58, [2018] EUECJ C-263/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 April 2022; Ref: scu.604737

Deutsche Bahn and Schenker and Others v Commission: ECJ 1 Feb 2018

Competition – Price Fixing – Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Price fixing – International air freight forwarding services – Pricing agreement affecting the final price of the services

Citations:

ECLI:EU:C:2018:60, [2018] EUECJ C-264/16

Links:

Bailii

Jurisdiction:

European

Commercial, Transport

Updated: 04 April 2022; Ref: scu.604718

Telefonica v Commission: ECJ 13 Dec 2017

Judgment – Appeal – Agreements, decisions and concerted practices – Portuguese and Spanish telecommunications markets – Non-compete clause contained in an agreement concluded between two companies – Restriction by object – Rights of the defense – Refusal to hear witnesses – Fines – Gravity of the infringement – Mitigating circumstances

Citations:

ECLI:EU:C:2017:961, [2017] EUECJ C-487/16

Links:

Bailii

Jurisdiction:

European

Commercial, Media

Updated: 02 April 2022; Ref: scu.602115

Impresa Di Costruzioni Ing E Mantovani and Guerrato SpA v Provincia autonoma di Bolzano: ECJ 20 Dec 2017

Freedom of Establishment – Freedom To Provide Services Approximation of Laws – Reference for a preliminary ruling – Public works contracts – Directive 2004/18/EC – Article 45(2) and (3) – Conditions for exclusion from participation in public procurement – Declaration regarding the absence of convictions of former directors of the tendering company – Criminal conduct of a former director – Criminal conviction – Actual and complete dissociation between the tendering company and that director – Evidence – Assessment by the contracting entity of the requirements relating to that obligation

Citations:

C-178/16, [2017] EUECJ C-178/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 02 April 2022; Ref: scu.602096

Comunidad Autonoma Del Pais Vasco and Itelazpi v Commission: ECJ 20 Dec 2017

Competition – State Aid – Appeal – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanised areas – Subsidies granted to operators of digital terrestrial television platforms – Decision declaring the aid incompatible in part with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – Discretion of the Member States

Citations:

C-66/16, [2017] EUECJ C-66/16P

Links:

Bailii

Jurisdiction:

European

Media, Commercial

Updated: 02 April 2022; Ref: scu.602078

EUIPO v European Dynamics Luxembourg and Others: ECJ 20 Dec 2017

European Union Public Contracts – Freedom To Provide Services – Appeal – Public services contracts – Provision of external services for programme and project management and technical consultancy in the field of information technologies – Cascade procedure – Weighting of sub-criteria within the award criteria – Principles of equal opportunity and transparency – Manifest errors of assessment – Failure to state reasons – Loss of opportunity – Non-contractual liability of the European Union – Claim for damages

Citations:

C-677/15, [2017] EUECJ C-677/15P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 02 April 2022; Ref: scu.602085

Comunidad Autonoma De Galicia and Retegal v Commission: ECJ 20 Dec 2017

Competition – State Aid – Appeal – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanised areas – Subsidies granted to operators of digital terrestrial television platforms – Decision declaring the aid incompatible in part with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – Discretion of the Member States

Citations:

C-70/16, [2017] EUECJ C-70/16P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 02 April 2022; Ref: scu.602077

Commission v Greece C-250/07: ECJ 4 Jun 2009

(Law Relating To Undertakings) Failure of a Member State to fulfil obligations Directive 93/38/EEC Public contracts in the water, energy, transport and telecommunications sectors Award of a contract without a prior call for competition Conditions Communication of the reasons for the rejection of a tender Time-limits

Citations:

[2009] EUECJ C-250/07

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Greece C-250/07 ECJ 17-Dec-2008
ECJ Law Relating To Undertakings – Opinion – The action was brought by the European Commission against Greece regarding a public procurement contract in relation to a power station on the island of Crete. The . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 02 April 2022; Ref: scu.601128

Commission v Greece C-489/06: ECJ 19 Mar 2009

Failure of a Member State to fulfil obligations Directives 93/36/EEC and 93/42/EEC Public contracts Procedures for the award of public supply contracts Hospital supplies

Citations:

[2009] EUECJ C-489/06

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Greece C-489/06 ECJ 20-Nov-2008
(Law Relating To Undertakings) Opinion – Failure of a Member State to fulfil obligations Free movement of goods Directives 93/36/EEC and 93/42/EEC Hospital purchase of medical devices bearing the CE marking Protective measures Public supply contract . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 02 April 2022; Ref: scu.601129

Jema Energy v Joint Undertaking Fusion for Energy: ECFI 10 Nov 2017

Judgment – Public supply contracts – Tender procedure – Supply of an accelerated grid power supply conversion system – Rejection of tender offer – Transparency – Legal certainty – Equal treatment – Proportionality

Citations:

T-668/15, [2017] EUECJ T-668/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.599683

Icap and Others v Commission: ECFI 10 Nov 2017

Competition – Agreements, Decisions and Concerted Practices – Yen Interest Rate Derivatives Sector : Judgment – – Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates – Restriction of competition by object – Participation of a broker in the infringements – ‘Hybrid’ settlement procedure – Principle of the presumption of innocence – Principle of sound administration – Fines – Basic amount – Exceptional adjustment – Article 23(2) of Regulation (EC) No 1/2003 – Obligation to state reasons

Citations:

T-180/15, [2017] EUECJ T-180/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.599681

British Airways v Commission (Competition – Agreements, Decisions and Concerted Practices): ECJ 14 Nov 2017

Judgment – Appeal – Competition – Agreements, decisions and concerted practices – European airfreight market – Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services – Defective statement of reasons – Plea involving a matter of public policy raised by the EU courts of their own motion – Prohibition on ruling ultra petita – Form of order set out in the application at first instance seeking the partial annulment of the decision at issue – The General Court of the European Union prohibited from annulling the decision at issue in its entirety – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy

Citations:

ECLI:EU:C:2017:861, [2017] EUECJ C-122/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 April 2022; Ref: scu.599669

Monarch Airlines Ltd, Regina (on The Application of) v Airport Coordination Ltd: CA 22 Nov 2017

Citations:

[2017] EWCA Civ 1892

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Monarch Airlines Ltd v Airport Coordination Ltd and Another Admn 15-Nov-2017
The court was asked whether the defendant, Airport Co-ordination Limited, is under a duty to allocate slots at certain United Kingdom airports for the summer 2018 season to the insolvent Monarch Airlines Limited. . .

Cited by:

Cited – Phones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .
Lists of cited by and citing cases may be incomplete.

Transport, Commercial

Updated: 01 April 2022; Ref: scu.599601

Meadows and Others v The Attorney General and Another: PC 19 Oct 2017

(From the Court of Appeal of Jamaica) This appeal raises the question whether, under section 3 of the Electric Lighting Act 1890, the relevant Minister had power in 2001 to grant to the second respondent (‘JPS’) an exclusive licence for the supply of electricity for 20 years for the whole of the island of Jamaica. The appellants represent certain local interests concerned to secure cheaper electricity on the island. Their principal objection is that the grant of such a licence is contrary to the policy of the 1890 Act, by creating a monopoly rather than promoting competition.’

Judges:

Lord Neuberger, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath

Citations:

[2017] UKPC 29

Links:

Bailii

Jurisdiction:

Commonwealth

Commercial, Utilities

Updated: 01 April 2022; Ref: scu.598624

Groupe Eurotunnel Sa v Competition Commission and Others: CAT 4 Dec 2013

Citations:

[2013] CAT 30

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Groupe Eurotunnel SA v Competition Commission CAT 30-Aug-2013
. .

Cited by:

See Also – Groupe Eurotunnel SA v Competition and Markets Authority CAT 9-Jan-2015
Judgment . .
See Also – The Societe Cooperative De Production Seafrance SA v Competition and Markets Authority (Ruling (Permission To Appeal) CAT 20-Jan-2015
. .
See Also – Societe Cooperative De Production Seafrance Sa v Competition and Markets Authority CA 15-May-2015
The company appealed against the rejection of its challenge to a decision that the conditions had arisen allowing the defendant to intervene in its purchase of certain shares in a rival cross channel ferry company. he question was whether part of . .
See Also – Societe Cooperative De Production Seafrance SA v Competition and Markets Authority CA 10-Jul-2015
The CA had earlier allowed an appeal by the company to hold the respondent’s decsion wrong that an event had occurred allowing it to intervene in the acquisition of a competitor’s assets. Leave to appeal to the Supreme Court remained pending, but . .
Cited – Societe Cooperative De Production Seafrance Sa v The Competition and Markets Authority and Another SC 16-Dec-2015
The CMA had decided to intervene in purchases by the appellant from a competitor when it ceased trading.The French court had ordered the sale of the assts.
Held: UK law distinguishes between the acquisition of assets constituting a business . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 01 April 2022; Ref: scu.598428

Cemex UK Operations Ltd v Network Rail Infrastructure Ltd and Another: TCC 8 Sep 2017

Procurement challenge brought by CEMEX against a decision of the defendant, National Rail Infrastructure Limited (‘NR’), to award a major contract concerning the manufacture and supply of railway sleepers

Judges:

Coulson J

Citations:

[2017] EWHC 2392 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 30 March 2022; Ref: scu.595939

Riva Fire v Commission: ECJ 21 Sep 2017

Competition – Agreements, Decisions and Concerted Practices : Judgment – Appeal – Agreements, decisions and concerted practices – Italian producers of reinforcing bars – Fixing of prices and limiting and controlling output and sales – Infringement of Article 65 CS – Annulment of the initial decision by the General Court of the European Union – Decision re-adopted on the basis of Regulation (EC) No 1/2003 – Failure to issue a new statement of objections – Lack of a hearing following the annulment of the initial decision – Time taken in the proceedings before the General Court

Citations:

ECLI:EU:C:2017:713, [2017] EUECJ C-89/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 30 March 2022; Ref: scu.595408

Mauerhofer v Commission: ECJ 31 Mar 2011

Appeal – Project supported by the European Union in Bosnia and Herzegovina – Contracts concluded between the Commission and a consortium and between the consortium and experts – Commission’s administrative order amending its contract with the consortium – Action for annulment of that administrative order brought by one of the experts – Admissibility – Action for damages – Non-contractual liability of the Union – Causal link between the Commission’s administrative order and the damage allegedly suffered by that expert)

Judges:

J-J Kasel, P

Citations:

C-433/10, [2011] EUECJ C-433/10P, ECLI:EU:C:2011:204

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 30 March 2022; Ref: scu.594602

Fair Trading Commission v Digicel Jamaica Ltd and Another: PC 24 Aug 2017

Jamaica – The Board was asked as to the power of the Jamaican Fair Trading Commission to intervene in a merger in the market for voice communications and text messaging services

Judges:

Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge,Lord Carloway

Citations:

[2017] UKPC 28

Links:

Bailii

Jurisdiction:

England and Wales

Commercial, Consumer, Media

Updated: 29 March 2022; Ref: scu.593588

Intel Corporation Inc v European Commission (Judgment): ECJ 6 Sep 2017

Grand Chamber – Appeal- Article 102 TFEU – Abuse of a dominant position – Loyalty rebates — Commission’s jurisdiction – Regulation (EC) No 1/2003 – Article 19

Citations:

[2017] EUECJ C-413/14, C-413/14

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Intel Corporation Inc v European Commission – Opinion ECJ 6-Sep-2017
Opinion – Appeal – Article 102 TFEU – Abuse of dominant position – Loyalty rebates – Classification as abuse – Applicable legal test – Single and continuous infringement – Rights of the defence – Article 19 of Regulation (EC) No 1/2003 – Interview . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 29 March 2022; Ref: scu.593579

Intel Corporation Inc v European Commission – Opinion: ECJ 6 Sep 2017

Opinion – Appeal – Article 102 TFEU – Abuse of dominant position – Loyalty rebates – Classification as abuse – Applicable legal test – Single and continuous infringement – Rights of the defence – Article 19 of Regulation (EC) No 1/2003 – Interview relating to the subject matter of an investigation – Jurisdiction of the Commission – Implementation – Effects

Judges:

Wahl AG

Citations:

C-413/14, [2017] EUECJ C-413/14 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Intel Corporation Inc v European Commission (Judgment) ECJ 6-Sep-2017
Grand Chamber – Appeal- Article 102 TFEU – Abuse of a dominant position – Loyalty rebates — Commission’s jurisdiction – Regulation (EC) No 1/2003 – Article 19 . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 29 March 2022; Ref: scu.593576

Austria Asphalt v Bundeskartellanwalt: ECJ 7 Sep 2017

Competition – Concentrations Between Undertakings : Judgment – Reference for a preliminary ruling – Competition – Concentrations between undertakings – Regulation (EC) No 139/2004 – Article 3(1)(b) and (4) – Scope – Definition of ‘concentration’ – Change in the form of control of an existing undertaking which, previously exclusive, becomes joint – Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity

Citations:

C-248/16, [2017] EUECJ C-248/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 March 2022; Ref: scu.593580

Perinatal Institute v Healthcare Quality Improvement Partnership: TCC 21 Jul 2017

Reason as to decision on strike out application.
Held: There was no purpose in continuing with the Original Claim because it could not result in any remedy in the Claimant’s favour and that the statement of case should therefore be struck out

Judges:

Jefford J

Citations:

[2017] EWHC 1867 (TCC)

Links:

Bailii

Statutes:

Public Contracts Regulations 2015

Jurisdiction:

England and Wales

Commercial

Updated: 29 March 2022; Ref: scu.593117

ONP And Others v Commission: ECFI 10 Dec 2014

ECJ (Judgment) Competition – Agreements – French Market analyzes of Medical Biology – Decision finding an infringement of Article 101 TFEU – Association of undertakings – Professional body – Purpose of inspection and investigation – Conditions for application of Article 101 TFEU – Infringement by object – Minimum price and barriers to the development of groups of laboratories – Single and continuous infringement – Evidence – Assessment errors of fact and errors of law – Amount of the fine – Point 37 of the guidelines for calculating the amount of fines in 2006 – full jurisdiction

Judges:

G. Berardis, President, O. Czucz (Rapporteur) and A. Popescu, Judges

Citations:

T-90/11, [2014] EUECJ T-90/11, ECLI: EU: T : 2014: 1049
Cite as: EU: T: 2014 1049 [2014] EUECJ T-90/11

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 March 2022; Ref: scu.539913

Commission v Germany – C-480/06: ECJ 9 Jun 2009

Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions

Citations:

[2009] EUECJ C-480/06

Links:

Bailii

Statutes:

Directive 92/50/EEC

Jurisdiction:

European

Citing:

Opinion – Commission v Germany – C-480/06 ECJ 19-Feb-2009
ECJ (Law Relating To Undertakings) – Opinion – Public service contracts Scope of Directive 92/50/EEC Procedure for the award of public service contracts Technical reasons . .

Cited by:

Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Commercial, European

Updated: 28 March 2022; Ref: scu.592012

Papierfabrik August Koehler v Commission (Competition) C-338/07: ECJ 3 Sep 2009

Appeals Agreements, decisions and concerted practices Carbonless paper Inconsistency between the statement of objections and the contested decision Infringement of the rights of the defence Consequences Distortion of the clear sense of the evidence – Participation in the infringement Duration of the infringement Regulation No 17 Article 15(2) Guidelines on the method of setting fines Principle of equal treatment Principle of proportionality – Obligation to state the reasons on which the decision is based Reasonable period for duration of proceedings before the Court of First Instance)

Citations:

[2009] EUECJ C-338/07

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Papierfabrik August Koehler v Commission (Competition) C-338/07 ECJ 2-Apr-2009
Opinion – Appeals Agreements Carbonless paper market Article 81 EC Inconsistency between the statement of objections and the decision Infringement of the rights of the defense Consequences Reasonable length of the proceedings before the Court of . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 28 March 2022; Ref: scu.591142

Viraj Profiles v Council: ECFI 11 Jul 2017

(Dumping – Imports of Certain Stainless Steel Wires Originating In India : Judgment) Dumping – Imports of certain stainless steel wires originating in India – Determination of the cost of production – Selling, General and Administrative costs – Obligation to state reasons – Injury – Causal link – Complaint – Opening of the investigation – Manifest error of assessment

Citations:

T-67/14, [2017] EUECJ T-67/14, ECLI:EU:T:2017:481

Links:

Bailii

Jurisdiction:

European

Customs and Excise, Commercial

Updated: 27 March 2022; Ref: scu.590529

Belgium v Commission – T-287/16: ECFI 20 Jul 2017

ECJ (Judgment) EAGGF and EAFRD – Expenditure excluded from financing – Expenditure by Belgium – Export refunds – No recovery resulting from negligence attributable to an organization of a Member State – Failure to exhaust all available means of redress – Proportionality

Citations:

ECLI:EU:T:2017:531, [2017] EUECJ T-287/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.590470

Ilves Jakelu Oy intervening parties: Liikenne- ja viestintaministerio: ECJ 15 Jun 2017

ECJ (Freedom To Provide Services – Postal Services : Judgment) Reference for a preliminary ruling – Directive 97/67/EC – Article 9 – Freedom to provide services – Postal services – Notions of universal service and essential requirements – General and individual authorisations – Authorisation to provide postal services under individually negotiated contracts – Conditions imposed

Citations:

ECLI:EU:C:2017:462, [2017] EUECJ C-368/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588275

Zarski v Stadnicki: ECJ 1 Jun 2017

ECJ (Combating Late Payments In Commercial Transactions : Judgment) Reference for a preliminary ruling – Combating late payments in commercial transactions – Directive 2011/7/EU – Commercial lease contracts of indefinite duration – Late rent payments – Contracts concluded before the period for transposing that directive had expired – National rules – Exclusion of such contracts from the temporal scope of that directive

Citations:

ECLI:EU:C:2017:418, [2017] EUECJ C-330/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588312

Medisanus doo v Splosna Bolnisnica Murska Sobota: ECJ 8 Jun 2017

ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Medicinal products for human use – Directive 2004/18/EC – Article 2 and Article 23(2) and (8) – Articles 34 and 36 TFEU – Public contract for supplying a hospital – National legislation requiring that hospitals are to be supplied as a matter of priority with medicinal products obtained from national plasma – Principle of equal treatment

Citations:

C-296/15, [2017] EUECJ C-296/15

Links:

Bailii

Statutes:

Directive 2004/18/EC

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588287

NC v Commission T-151/16: ECFI 27 Jun 2017

(Grants – Olaf Investigation – Finding of Irregularities : Judgment) Grants – OLAF investigation – Finding of irregularities – Commission decision imposing an administrative penalty – Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of 18 months – Registration in the Early Detection and Exclusion System database – Temporal application of various versions of the Financial Regulation – Essential procedural requirements – Retroactive application of the more lenient law

Citations:

ECLI:EU:T:2017:437, [2017] EUECJ T-151/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 March 2022; Ref: scu.588291

The Secretary of State for Health and Another v Servier Laboratories Ltd and Others: CA 27 Jun 2019

The Court was asked how far the EU law principle of res judicata can be relied on by the Appellants as establishing facts which they wish to prove in their defences to the damages claims brought by the Respondents. Servier submits that certain factual findings were made in its favour by the General Court when giving judgment in an action to annul a competition law infringement decision adopted by the EU Commission.

Judges:

Longmore, Rose LJJ, Sir Stephen Richards

Citations:

[2019] EWCA Civ 1096, [2020] 2 WLR 149, [2020] 1 All ER (Comm) 402, [2019] WLR(D) 366, [2020] 1 All ER 432

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

See Also – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others ChD 2-Aug-2017
Roth J struck out the unlawful means tort claim, saying that, in OBG ‘the ratio of Lord Hoffmann’s determination of the elements of the tort is in para 51’ of his speech: ‘Unlawful means therefore consists of acts intended to cause loss to the . .
Appeal from – The Secretary of State for Health and Another v Servier Laboratories Ltd ChD 17-Apr-2019
The Court was asked: ‘To what extent, if at all, are factual findings made by the General Court of the European Union in its judgment on an application for annulment of a competition infringement decision of the European Commission binding as res . .

Cited by:

See Also – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 12-Jul-2019
Appeal against a paragraph of an order by which the judge struck out the claim of the appellant, the Secretary of State for Health and the NHS Business Services Authority that the third respondent is liable for interfering with the NHS’s economic . .
Lists of cited by and citing cases may be incomplete.

European, Evidence, Commercial

Updated: 26 March 2022; Ref: scu.638826

The Secretary of State for Health and Another v Servier Laboratories Ltd: ChD 17 Apr 2019

The Court was asked: ‘To what extent, if at all, are factual findings made by the General Court of the European Union in its judgment on an application for annulment of a competition infringement decision of the European Commission binding as res judicata under EU law against the claimants in a private damages action for breach of competition law in the English court? ‘
Held: Pending the full hearing, an ECJ finding of fact that the Commission had not yet established the extent of a finished goods market in a competition infringement decision, was binding as res judicata under EU law against a claimant in private action for breach of competition law in the English court, since it was inseparable from the operative part of the judgment. Other factual findings not directly on the point were not binding and it was not an abuse of process under English law to allow the claimants to make arguments and adduce evidence inconsistent with those findings.

Judges:

Roth J

Citations:

[2019] EWHC 1004 (Ch), [2019] 5 CMLR 6

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 27-Jun-2019
The Court was asked how far the EU law principle of res judicata can be relied on by the Appellants as establishing facts which they wish to prove in their defences to the damages claims brought by the Respondents. Servier submits that certain . .
Lists of cited by and citing cases may be incomplete.

European, Commercial

Updated: 26 March 2022; Ref: scu.638179

Fondul Proprietatea SA v Complexul Energetic Oltenia SA: ECJ 18 May 2017

ECJ State Aid – Debt Owed To A Company : Judgment – Reference for a preliminary ruling – State aid – Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder – Transfer in lieu of payment – Definition of ‘State aid’ – Obligation to notify the European Commission

Citations:

ECLI:EU:C:2017:388, C-150/16, [2017] EUECJ C-150/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 26 March 2022; Ref: scu.584313

La Gaitana Farms Sa and Others v British Airways Plc: CA 29 Jan 2019

The appellants’ claim in these proceedings is that they were overcharged for freight services by the respondent and other airlines because the airlines were party to a hard-core cartel, whereby they agreed with each other the level of surcharges to be applied to charges for the carriage of air freight.

Citations:

[2019] EWCA Civ 37

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Commercial

Updated: 24 March 2022; Ref: scu.633089

Regione Autonoma Della Sardegna v Commission: ECFI 6 Apr 2017

State Aid – Maritime Transport – Public Service Compensation : Judgment – State aid – Maritime transport – Public service compensation – Capital increase – Decision declaring aid incompatible with the internal market and ordering that it be recovered – Liquidation of the recipient undertaking – Continued interest in bringing proceedings – Failure to find that there was no need to adjudicate – Concept of aid – Service of general economic interest – Private investor test – Manifest error of assessment – Error of law – Plea of illegality – Obligation to state reasons – Rights of defence – Decision 2011/21/EU – Guidelines on State aid for rescuing and restructuring firms in difficulty – Union framework applicable to State aid in the form of public service compensation – Altmark judgment

Citations:

ECLI:EU:T:2017:266, [2017] EUECJ T-219/14

Links:

Bailii

Jurisdiction:

European

Commercial, Transport

Updated: 24 March 2022; Ref: scu.581781

Saremar v Commission: ECFI 6 Apr 2017

ECJ Competition : State Aid Competition – Judgment – State aid – Maritime transport – Public service compensation – Capital increase – Decision declaring the aid to be incompatible with the internal market and ordering its recovery – Liquidation of the applicant – Ability to institute proceedings – Interest in bringing proceedings – No need to adjudicate – Concept of aid – Service of general economic interest – Private investor test – Manifest error of assessment – Error in law – Exception of illegality – Obligation to state reasons – Rights of the defense – Decision 2011/21 / EU – Guidelines on State aid for rescuing and restructuring firms in difficulty – Union framework for State aid in the form of public service compensation – Altmark stop

Citations:

ECLI:EU:T:2017:267, [2017] EUECJ T-220/14

Links:

Bailii

Jurisdiction:

European

Commercial, Transport

Updated: 24 March 2022; Ref: scu.581783

Bombardier Transportation Ltd v Merseytravel: TCC 24 Mar 2017

Procurement dispute in which the claimant makes various allegations against the defendant arising out of a tender process undertaken by the defendant for the award of a number of contracts which form the Merseytravel Rolling Stock Programme.

Judges:

Coulson J

Citations:

[2017] EWHC 575 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 24 March 2022; Ref: scu.581420

Deutsche Telekom v Commission: ECFI 28 Mar 2017

(Judgment : Documents Relating To A Procedure for The Application of The Competition Rules – Refusal To Grant Access) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the application of the competition rules – Refusal to grant access – Duty to state reasons – Exception relating to the protection of the commercial interests of a third party – Exception relating to the protection of the purpose of inspections, investigations and audits – Overriding public interest – Consultation with third parties – Transparency – No response to a confirmatory request with the time limits

Citations:

ECLI:EU:T:2017:224, [2017] EUECJ T-210/15

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

Jurisdiction:

European

Commercial

Updated: 24 March 2022; Ref: scu.581150

France v Commission – T-425/04: ECJ 2 Jul 2015

ECJ State aid – Financial measures in favor of France Telecom – Offer for shareholder advance – State declarations by the French State – Decision declaring aid incompatible with the common market – No extension of the formal procedure d – Rights of the defense – Wise private investor test – Normal market conditions – Errors of law – Obvious errors of assessment

Citations:

[2015] EUECJ T-425/04

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – France v Commission – T-425/04 ECFI 21-May-2010
ECJ State aid – Financial measures for France Telecom – Project shareholder loan – Public statements by a member of the French government – Decision declaring the aid incompatible with the common market and not . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 23 March 2022; Ref: scu.580913

Samsung SDI and Samsung SDI (Malaysia) v Commission: ECJ 9 Mar 2017

ECJ (Competition : Agreements, Decisions and Concerted Practices Competition : Agreements, Decisions and Concerted Practices – Judgment) Appeal – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of the value of sales relating to the infringement

Citations:

ECLI:EU:C:2017:190, [2017] EUECJ C-615/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580722

Viasat Broadcasting UK v Commission: ECJ 8 Mar 2017

ECJ (Judgment) Appeal – State aid – Article 107(1) TFEU – Article 106(2) TFEU – Measures taken by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark – Compensation for the costs involved in the performance of public service obligations – Decision declaring the aid compatible with the internal market

Citations:

[2017] EUECJ C-660/15, ECLI:EU:C:2017:178

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580726

Ellinikos Chrysos v Commission: ECJ 9 Mar 2017

ECJ (Competition : State Aid Competition : State Aid – Judgment) Appeal – State aid – Transfer of mines at a price below real market value – Exemption from taxes on the transfer transaction – Assessment of the amount of the advantage granted

Citations:

ECLI:EU:C:2017:194, [2017] EUECJ C-100/16

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580700

Evonik Degussa v Commission: ECJ 14 Mar 2017

ECJ (Competition Competition – Judgment) Appeal – Competition – Articles 101 TFEU and 102 TFEU – Regulation (EC) No 1/2003 – Article 30 – Commission decision finding an illegal cartel on the European hydrogen peroxide and perborate market – Publication of an extended non-confidential version of that decision – Rejection of a request for confidential treatment of certain information – Terms of reference of the hearing officer – Decision 2011/695/EU – Article 8 – Confidentiality – Protection of professional secrecy – Article 339 TFEU – Concept of ‘business secrets or other confidential information’ – Information from a request for leniency – Rejection of the request for confidential treatment – Legitimate expectations

Citations:

ECLI:EU:C:2017:205, [2017] EUECJ C-162/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 23 March 2022; Ref: scu.580702

Decro-Wall International SA v Practitioners in Marketing Limited: CA 1971

Once the court has concluded that a ‘reasonable notice’ requirement was to be implied into a contract, the question of what notice period was reasonable must be judged as at the time the notice was given.
Buckley LJ also set out the test for fundamental breach, saying: ‘the . . breach must be such as to deprive the injured party of a substantial part of the benefit to which he is entitled under the contract . . Will the consequences of the breach be such that it would be unfair to the injured party to hold him to the contract and leave him to his remedy in damages’.

Judges:

Buckley LJ

Citations:

[1971] 1 WLR 361, [1971] 2 All ER 216

Jurisdiction:

England and Wales

Cited by:

Cited – Shyam Jewellers Limited v M Cheeseman CA 29-Nov-2001
The parties contracted for building work to the claimant’s shop. The shop-keeper had been regularly late in making stage payments. Eventually the contractor repudiated the contract part way through. The judge proposed a decision on a preliminary . .
Cited – Future Publishing Ltd v The Edge Interactive Media Inc and Others ChD 13-Jun-2011
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. . .
Cited – Societe Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
Lists of cited by and citing cases may be incomplete.

Contract, Commercial

Updated: 23 March 2022; Ref: scu.182995

Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004

The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which had been given to the defendant was ineffective.
Held: The appeal succeeded. The judge had failed to give proper weight to the need to avoid decisions conflicting with those of the European courts. To make the decision a comprehensive examination of the market was required and that investigation was byond the court’s remit. A decision that the Commission was wrong was a decision required to be taken if at all by the ECJ. The exemption was not effective. The Delimitis conditions were satisfied, and the claimant was entitled to damages.

Judges:

Lord Justice Peter Gibson Lord Justice Tuckey And Sir Martin Nourse

Citations:

[2004] EWCA Civ 637, Times 28-May-2004, [2004] 3 EGLR 128, [2004] EuLR 693

Links:

Bailii

Statutes:

European Communities Act 1972 3(1)

Jurisdiction:

England and Wales

Citing:

Cited – Stergios Delimitis v Henninger Brau AG ECJ 28-Feb-1991
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it . .
Appeal from – Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited ChD 26-Jun-2003
The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. . .
Cited – Greenalls Management Limited v Canavan CA 30-Jul-1997
A lease of a pub contained a term by which the parties purported to agree that the Block Exemption applied. The claimants sought to enforce its beer tie which was by type. The lessee contended among other things that the tie was not within the . .
See Also – Courage Ltd v Crehan; The Inntrepreneur Beer Supply Co Ltd v Byrne; Same v Langton; Greenalls Management Ltd v Smith; Walker Cain Ltd v McCaughey CA 14-Jun-1999
There is not to be read into a beer tie term any implied provision that the beer to be supplied under the term was to be supplied at any kind of advantageous price. A tenant seeking damages for failure to supply under such a term was not entitled to . .
Cited – Hasselblad (GB) Ltd v Orbison CA 1985
In the course of proceedings brought by the European Commission against Hasselblad, Mr Orbison wrote a letter to the Commission upon which the appellant then sued for damages for libel. The court considered the dangers of national and European . .
Cited – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .
Cited – Shaw v Commission ECFI 2002
. .
Cited – Iberian (Uk) Ltd v BPB Industries Plc and Another ChD 15-May-1996
UK courts should avoid creating procedures inconsistent with European decisions: ‘The necessity of avoiding conflicting decisions between the Commission and national courts is a theme which runs through a number of European and English domestic . .
Cited – Masterfoods Ltd v HB Ice Cream Ltd ECJ 14-Dec-2000
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice . .
Cited – MTV Europe v BMG Records (UK) Ltd CA 1997
The court recognised the difficulties of the European and national court investigating the same set of facts, and referred to ‘the extreme undesirability of inconsistent decisions as between the Commission, on one side, and national courts on the . .
Cited – Foto-Frost v Hauptzollamt Lubeck-Ost ECJ 22-Oct-1987
ECJ Lack of jurisdiction of national courts to declare acts of Community institutions invalid – Validity of a decision on the post-clearance recovery of import duties. . .
Cited – Neste Markkinointi Oy v Yotuuli Ky and Others ECJ 7-Dec-2000
The court considered a petrol station agreement under which the operator of the station agreed to take fuel from a single supplier. The agreement was for 10 years and thereafter the operator could terminate the agreement by giving a year’s notice. . .
Cited – Langnese Iglo GmbH v Commission of the European Communities ECFI 8-Jun-1995
ECJ Competition – Exclusive purchasing agreements for ice-cream – Relevant market – Possible barriers to entry to the market by third parties – Trade between Member States – Comfort letter – Block exemption – . .
Cited – Gibbs Mew Plc v Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Gemmell CA 22-Jul-1998
The brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge’s order in favour of the brewery was . .
Cited – Joynson v Commission ECFI 21-Mar-2002
A pub lessee applied to annul the Commission’s decision to grant individual exemption to Bass.
Held: The Bass leases did not fall within the Block Exemption because the exclusive purchasing obligation was by type, not by brand. However such a . .
Cited – Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd CA 27-May-1999
The court considered the validity of beer ties affecting public houses. . .
Cited – Gorris v Scott 22-Apr-1874
In the case of a statutory duty, the scope of the duty is answered by deducing the purpose of the duty from the language and context of the statute. . .
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 . .
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
See Also – Courage Limited v Crehan ChD 25-Nov-1998
. .
See Also – Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd CA 27-May-1999
The court considered the validity of beer ties affecting public houses. . .
At ECJ – Courage Ltd and Crehan v Crehan and Courage Ltd and Others ECJ 20-Sep-2001
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the . .
See Also – Courage Ltd v Crehan CA 12-Nov-2001
. .

Cited by:

Cited – Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited ChD 26-Jun-2003
The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. . .
Cited – Vision Golf Ltd v Weightmans (A Firm) ChD 26-Jul-2005
A lease had been forfeited. The defendant firm of solicitors had negligently failed to apply for relief. They argued that that failure had in fact caused no loss to the claimants, since they would have lost the lease anyway.
Held: The ‘but . .
Appeal from – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Cited – Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others CA 14-Oct-2008
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty.
Lists of cited by and citing cases may be incomplete.

Commercial, European

Updated: 11 February 2022; Ref: scu.197047

United Parcel Service v Commission: ECFI 7 Mar 2017

ECJ (Judgment) Competition – Mergers – Regulation (EC) No 139/2004 – International express small package delivery services in the EEA – Acquisition of TNT Express by UPS – Decision declaring the merger incompatible with the internal market – Likely effects on prices – Econometric analysis – Rights of defence

Citations:

T-194/13, [2017] EUECJ T-194/13

Links:

Bailii

Statutes:

Regulation (EC) No 139/2004

Jurisdiction:

European

Commercial

Updated: 09 February 2022; Ref: scu.579687

Yingli Energy (China) and Others v Council: ECFI 28 Feb 2017

ECJ (Judgment) Dumping – Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China – Definitive anti-dumping duty – Undertakings – Action for annulment – Interest in bringing proceedings – Admissibility – Exporting country – Scope of the investigation – Sampling – Normal value – Definition of the product concerned – Time limit for the adoption of a decision on a market economy treatment claim – Temporal application of new provisions – Injury – Causal link – Rights of the defence – Calculation of the injury margin

Citations:

ECLI:EU:T:2017:125, [2017] EUECJ T-160/14

Links:

Bailii

Jurisdiction:

European

Commercial, Customs and Excise

Updated: 09 February 2022; Ref: scu.579668

Congregacion De Escuelas Pias Provincia Betania v Ayuntamiento de Getafe: ECJ 16 Feb 2017

ECJ (Advocate Generals Opinion) Competition – State aid – Article 107(1) TFEU – Spanish tax on constructions, installations and works – Tax exemption for the Catholic Church – Demarcation between economic and non-economic activities of the Catholic Church – Activities of the Catholic Church which do not pursue a strictly religious purpose – Activities in the context of the social, cultural or educational mission of the Catholic Church – Churches, religious associations and religious communities – Article 17 TFEU – Article 351 TFEU

Citations:

ECLI:EU:C:2017:133, [2017] EUECJ C-74/16 – O

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 09 February 2022; Ref: scu.579652

Eni Spa v European Commission: ECJ 8 May 2013

ECJ Appeals – Competition – Agreements, decisions and concerted practices – Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation – Attributability of unlawful conduct of subsidiaries to their parent companies – Presumption of the actual exercise of a decisive influence – Obligation to state reasons – Gravity of the infringement – Multiplier for deterrence – Actual impact on the market – Aggravating circumstances – Repeated infringements

Judges:

A. Tizzano, P

Citations:

C-508/11, [2013] EUECJ C-508/11

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 06 February 2022; Ref: scu.503492

Polskie Gornictwo Naftowe I Gazownictwo v Commission (Engagements De Gazprom) T-616/18: ECFI 2 Feb 2022

(Judgment) Competition – Abuse of a dominant position – Central and eastern European gas markets – Decision making individual commitments offered by an undertaking binding – Article 9 of Regulation (EC) No 1/2003 – Adequacy of the commitments in the light of the concerns relating to initially identified in the statement of objections – Commission’s waiver of requiring commitments concerning certain of the initial concerns – Principle of sound administration – Transparency – Obligation to state reasons – Objectives of the Union’s energy policy – Principle of energy solidarity – Abuse of power

Citations:

T-616/18, [2022] EUECJ T-616/18, ECLI:EU:T:2022:43

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 February 2022; Ref: scu.671888

Pilatus Bank and Pilatus Holding v ECB: ECFI 2 Feb 2022

Judgment – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks conferred on the ECB – Decision to withdraw a credit institution’s authorisation – Indictment of the main shareholder in a third country – Criterion of good repute – Perception of good repute by the market – Presumption of innocence – Proportionality – Rights of the defence

Judges:

M Van Der Woude, P

Citations:

T-27/19, [2022] EUECJ T-27/19, ECLI:EU:T:2022:46

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 February 2022; Ref: scu.671887

Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV: ECJ 21 May 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 6(1) – Action, brought against several defendants domiciled in various Member States and which have participated in a cartel found to be contrary to Article 81 EC and Article 53 of the Agreement on the European Economic Area, seeking an order for the defendants to pay damages jointly and severally and for disclosure of information – Jurisdiction of the court seised with regard to the other defendants – Withdrawal of the action in relation to the defendant domiciled in the Member State of the court seised – Jurisdiction in tort, delict or quasi-delict – Article 5(3) – Jurisdiction clauses – Article 23 – Effective enforcement of the prohibition of anti-competitive agreements, decisions and concerted practices

Citations:

C-352/13, [2015] EUECJ C-352/13, ECLI:EU:C:2015:335, [2015] WLR(D) 223, [2015] 1 QB 906, [2015] 3 WLR 909, [2015] 5 CMLR 4

Links:

Bailii, WLRD

Jurisdiction:

European

Cited by:

Cited – Vedanta Resources Plc and Another v Lungowe and Others SC 10-Apr-2019
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. . .
Cited – AMT Futures Ltd v Marzillier and Others SC 1-Mar-2017
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 03 February 2022; Ref: scu.547036

AKZO Chemie BV v Commission of the European Communities: ECJ 3 Jul 1991

Europa Regard for the rights of the defence requires that the undertaking concerned shall have been enabled to make known effectively its point of view on the documents relied upon by the Commission in making the findings on which its decision is based. In examining the possibly dominant position of an undertaking in a particular market, the possibilities of competition must be judged in the context of the market comprising the totality of the products which, with respect to their characteristics, are particularly suitable for satisfying constant needs and are only to a limited extent interchangeable with other products. Very large market shares are usually evidence of the existence of a dominant position. The concept of abuse is objective, relating to the behaviour of an undertaking in a dominant position which is such as to influence the structure of a market where, as a result of the very presence of the undertaking in question, the degree of competition is weakened and which, by recourse to methods different from those which condition normal competition in products or services on the basis of the transactions of commercial operators, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition.

Citations:

C-62/86, [1993] 5 CMLR 215, [1986] EUECJ C-62/86R, [1991] EUECJ C-62/86, [1991] ECR 1-3359

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

Cited – Carter Holt Harvey Building Products Group Ltd v The Commerce Commission PC 14-Jul-2004
(New Zealand) The company had been found guilty under the Act of abusing its dominant position. The appeal was restricted to whether the dominant position was being used in the way suggested. Would the company have introduced its price cuts if it . .
Cited – Chester City Council and Another v Arriva Plc and others ChD 15-Jun-2007
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city.
Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, . .
Lists of cited by and citing cases may be incomplete.

European, Commercial

Updated: 03 February 2022; Ref: scu.134361

Solvay v Commission C-109/10: ECJ 25 Oct 2011

Appeal – Competition – Market in soda ash in the Community – Abuse of dominant position – Infringement of the rights of the defence – Access to the file – Hearing of the undertaking

Citations:

[2011] EUECJ C-109/10

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Solvay v Commission C-109/10 ECJ 14-Apr-2011
ECJ Appeals – Competition – Abuse of a dominant position (Article 82 EC) – Fidelity rebate – Discrimination against business partners – Rights of the defence – Access to the file – Loss of documents in the . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 31 January 2022; Ref: scu.575378

Solvay v Commission C-110/10: ECJ 25 Oct 2011

ECJ Appeal – Competition – Market in soda ash in the Community – Concerted practice – Infringement of the rights of the defence – Access to the file – Hearing of the undertaking

Citations:

[2011] EUECJ C-110/10

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Solvay v Commission C-110/10 ECJ 14-Apr-2011
ECJ Appeal – Competition – Agreements (Article 81 EC) – Rights of the defense – Right of access to the file – Loss of information in the file – Right to be Heard – Principle of reasonable time – Excessive length . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 31 January 2022; Ref: scu.575379

Tudapetrol Mineralolerzeugnisse Nils Hansen v Commission: ECJ 16 Feb 2017

ECJ (Judgment) Appeals – Agreements, decisions and concerted practices – European paraffin wax market and German market in catsch – Fixing of prices and allocation of markets – Obligation to state reasons – Proof of infringement – Distortion of evidence

Citations:

ECLI:EU:C:2017:124, [2017] EUECJ C-94/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575281

IOS Finance EFC SA v Servicio Murciano de Salud: ECJ 16 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between private undertakings and public authorities – National legislation making the immediate recovery of the principal amount of a debt conditional upon the waiver of interest for late payment and of compensation for recovery costs

Citations:

ECLI:EU:C:2017:121, [2017] EUECJ C-555/14

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575266

HandR Chempharm v Commission: ECJ 16 Feb 2017

(Judgment) Appeal – Competition – Agreements, decisions and concerted practices – European paraffin wax market and German market in catsch – Fixing of prices and allocation of markets – Obligation to state reasons – Evidence of infringement – Distortion of evidence – Regulation (EC) No 1 / 2003 – Article 23 (3) – Calculation of the amount of the fine – Guidelines on the method of setting fines in 2006 – Principle of proportionalit

Citations:

ECLI:EU:C:2017:125, [2017] EUECJ C-95/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575265

Agro Foreign Trade and Agency: ECJ 16 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Coordination of the laws of the Member States – Belgian transposition measure – Commercial agency contract – Principal established in Belgium and agent established in Turkey – Choice of Belgian law clause – Applicable law – EEC-Turkey Association Agreement – Compatibility

Citations:

ECLI:EU:C:2017:129, [2017] EUECJ C-507/15

Links:

Bailii

Statutes:

Directive 86/653/EEC

Jurisdiction:

European

Commercial, Agency

Updated: 31 January 2022; Ref: scu.575249

Hansen and Rosenthal and HandR Wax Company Vertrieb v Commission: ECJ 16 Feb 2017

(Judgment) Appeal – Competition – Agreements, decisions and concerted practices – European paraffin wax market and German market in catsch – Fixing of prices and allocation of markets – Proof of infringement – Unlimited jurisdiction – Distortion of evidence – Obligation to state reasons – EC) No 1/2003 – Article 23 (2) – Calculation of the amount of the fine – Principle of legality – Guidelines on the method of setting fines in 2006 – Principle of proportionality

Citations:

ECLI:EU:C:2017:123, [2017] EUECJ C-90/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 31 January 2022; Ref: scu.575263

European Dynamics Luxembourg and Evropaiki Dynamiki v Commission: ECFI 2 Feb 2017

ECJ (Judgment) Public service contracts – Tender procedure – Services for development, study and support for information systems (ESP DESIS III) – Requests for supply of services issued as part of the same lot – Reopening to competition mechanism – Rejection of the tenderers’ tenders – Award criteria – Obligation to state reasons – Abnormally low offer – Non-contractual liability

Citations:

ECLI:EU:T:2017:55, [2017] EUECJ T-74/15

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 29 January 2022; Ref: scu.573895