Category: Commercial

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. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed the use of services without external tenders.
Held: The Authority’s appeal succeeded. The exemption did apply within the UK, and did apply to insurance contracts. The mutual company established by the local authorities working together satisfied the control requirement of Teckal. The Regulations had been intended to import the Directive, and the different wording used was not sufficient to an intention to impose a different regime. It was necessary only that an authority, or several authorities together, and without any private element of control, should exercise control.
Individual control is not necessary. No injury will be caused to the policy objective of the Directive if public authorities are allowed to participate in the collective procurement of goods and services, so long as no private interests are involved and they are acting solely in the public interest in the carrying out of their public service tasks. Asemfo shows that the decisive influence that a contracting public authority must exercise over the contractor may be present even if it is exercisable only in conjunction with the other public authorities.

Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lord Brown, Lord Dyson
[2011] UKSC 7, UKSC 2009/0166, [2011] 2 WLR 166, [2011] PTSR 481, [2011] 2 AC 34
Bailii, SC Summ, SC, Bailii Summary
Public Contracts Regulations 2006, Council Directive 2004/18/EC on the co-ordination of procedures for the award of public work contracts, public supply
contracts and public service contracts
England and Wales
Citing:
At First Instance – Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent Admn 22-Apr-2008
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the . .
At First Instance – Risk Management Partners Ltd v The London Borough of Brent Admn 16-May-2008
Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were . .
Appeal from – Brent London Borough Council v Risk Management Partners Ltd CA 9-Jun-2009
Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make . .
Cited – Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia ECJ 18-Nov-1999
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 . .
Cited – Asociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa) ECJ 28-Sep-2006
ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions . .
Cited – Asociaciacion Nacional De Empresas Forestales ECJ 19-Apr-2007
ECJ (Freedom of Establishment) Reference for a preliminary ruling – Admissibility Article 86(1) EC – No independent effect – Factors permitting material which enables the Court to give a useful answer to the . .
Cited – Stadt Halle, RPL Recyclingpark Lochau GmbH v Arbeitsgemeinschaft Thermische Restabfall- und Energieverwertungsanlage TREA Leuna ECJ 11-Jan-2005
ECJ Directive 92/50/EEC – Public service contracts – Award with no public call for tenders – Award of the contract to a semi-public undertaking – Judicial protection – Directive 89/665/EEC
Cited – Parking Brixen v Gemeinde Brixen ECJ 13-Oct-2005
The award, by a public authority to a service provider, of the management of a public pay car park, in consideration for which that provider is remunerated by sums paid by third parties for the use of that car park, is a public service concession to . .
Cited – Oakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
Cited – Carbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA ECJ 11-May-2006
ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding. . .
Cited – SEA Srl v Comune di Ponte Nossa,third party: Servizi Tecnologici Comuni SeT Co SpA (Law Relating To Undertakings) ECJ 10-Sep-2009
ECJ Public procurement – Award procedures – Contract relating to a service for the collection, transport and disposal of urban waste – Awarded without any call for tenders – Awarded to a company limited by shares . .
Cited – 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 . .
Cited – Asociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa) ECJ 28-Sep-2006
ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions . .
Cited – Asociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado ECJ 18-Dec-2007
ECJ (Freedom To Provide Services) – Public procurement Liberalisation of postal services Directives 92/50/EEC and 97/67/EC’ Articles 43 EC, 49 EC and 86 EC National legislation allowing public authorities to . .
Cited – Coditel Brabant v Commune d’Uccle, Region de Bruxelles-Capitale (Law Relating To Undertakings) ECJ 13-Nov-2008
ECJ Public procurement – Tendering procedures Public service concessions – Concession for the operation of a municipal cable television network – Awarded by a municipality to an inter-municipal cooperative . .

Cited by:
Cited – Tachie and Others v Welwyn Hatfield Borough Council QBD 13-Dec-2013
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful.
Held: The company was a subsidiary of the Council, and the Teckal exception . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Commercial, Local Government, European

Updated: 02 November 2021; Ref: scu.428516

Servaas Incorporated v Rafidain Bank and Others: ComC 14 Dec 2010

The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The appellant sought a third party debt order, but the respondent relied on section 13(4), saying that the buying in of the debts was a sovereign, and not a commercial, act, and it had certified it as such.
Held: The request was refused.
Arnold J said: ‘In my judgment SerVaas has no real prospect of successfully rebutting the presumption created by the Certificate for the reasons given by counsel for Iraq. In my view SerVaas’s argument wrongly conflates the transactions by which Iraq acquired the debts that are the subject of the Admitted Claims with the intended use of those assets. Iraq is not presently using those assets, but intends to pay the dividends on them to the DFI. That property is not being used to provide finance to Iraq, and it is immaterial that that property was acquired by means of bonds in the cases where the consideration took the form of bonds. Nor is the property being used or intended to be used for transactions ‘otherwise than in the exercise of sovereign authority’. Iraq has decided to transfer the distributions to the DFI in the exercise of its sovereign authority, albeit constrained in this respect by Resolution 1483, for the purposes set out in the resolution. I therefore conclude that Iraq’s Admitted Claims are entitled to immunity from execution by virtue of section 13(2)(b) of the 1978 Act.’

Arnold J
[2010] EWHC 3287 (Ch)
State Immunity Act 1978 13(4)
England and Wales
Citing:
See Also – Servaas Inc v Rafidain Bank and Others ChD 14-Dec-2010
Application for third party debt order. . .

Cited by:
At Commercial Court – Servaas Incorporated v Rafidain Bank and Others CA 3-Nov-2011
A commercial debt due to the claimant from the former Iraqi government, and for which judgment had been obtained in France, had been bought from receivers by the new Iraqi Development fund. The appellants sought to secure their judgment in full by a . .
At Commercial Court – SerVaas Incorporated v Rafidian Bank and Others SC 17-Aug-2012
The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, International, Commercial

Updated: 02 November 2021; Ref: scu.427223

Toshiba Corporation And Others v Urad pro ochranu hospodarske souteze: ECJ 14 Feb 2012

ECJ (Grand Chamber) Competition – Cartel, in the territory of a Member State, which commenced before the accession of that State to the European Union – Cartel of international scope having effects in the territory of the Union and the European Economic Area – Article 81 EC and Article 53 of the EEA Agreement – Prosecution and sanction of the infringement for the period prior to the date of accession and the period following that date – Fines – Delimitation of the powers of the Commission and those of the national competition authorities – Imposition of fines by the Commission and by the national competition authority – Ne bis in idem principle – Regulation (EC) No 1/2003- Articles 3(1) and 11(6) – Consequences of the accession of a new Member State to the Union
The European Court considered whether Regulation 1/2003 could be applied retrospectively to conduct on the Czech market prior to date of accession: ‘According to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying, in principle, to situations existing before their entry into force ( . . )
Regulation No 1/2003 contains procedural and substantive rules.
As the Advocate General has pointed out in point 43 of her Opinion, the said regulation, like Article 81 EC, contains substantive provisions which govern the assessment by the competition authorities of agreements between undertakings and therefore constitute substantive rules of EU law.
Such substantive rules cannot in principle be applied retroactively, irrespective of whether such application might produce favourable or unfavourable effects for the persons concerned. The principle of legal certainty requires that any factual situation should normally, in the absence of any express contrary provision, be examined in the light of the legal rules existing at the time when the situation obtained ( . . ).
51 According to settled case-law, in order to ensure observance of the principles of legal certainty and the protection of legitimate expectations, the substantive rules of Community law must be interpreted as applying to situations existing before their entry into force only in so far as it follows clearly from their terms, objectives or general scheme that such effect must be given to them ( . . ).
However, in the present case, neither the wording, nor the purpose, nor the general system of Article 81 EC, Article 3 of Regulation No 1/2003 and the Act of Accession contain any clear indications that those two provisions should be applied retroactively.’
The provisions of Article 81 and Article 3 of Regulation 1/2003 must be interpreted as meaning that in the context of a proceeding initiated after 1 May 2004, they do not apply to a cartel which produced effects in the territory of a Member State which acceded to the Union on 1 May 2004, during periods prior to that date.

Skouris P
C-17/10, [2012] EUECJ C-17/10 – O, [2012] EUECJ C-17/10
Bailii, Bailii
European
Cited by:
Cited – Emerald Supplies Ltd and Others v British Airways Plc ChD 4-Oct-2017
EC has sole jurisdiction over old cartels
Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had . .

Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 02 November 2021; Ref: scu.451295

European Commission v Stichting Administratiekantoor Portielje And Gosselin Group Nv: ECJ 29 Nov 2012

ECJ (Opinion) Appeal – Competition – Agreements, decisions and concerted practices – Article 81(1) EC and Article 53(1) EEA – Concept of an undertaking – Imputation of the infringement of the cartel rules by a trading company to a foundation which controls, directly or indirectly, all of the shares in that company, but is not economically active as such – ‘Removals cartel’ – Belgian market in international removal services

AG Kokott
C-440/11, [2012] EUECJ C-440/11, [2013] EUECJ C-440/11
Bailii, Bailii
European

Commercial

Updated: 02 November 2021; Ref: scu.466423

International Confederation of Societies of Authors And Composers v European Broadcasting Union: ECFI 12 Apr 2013

ECJ Competition – Agreements, decisions and concerted practices – Copyright relating to public performance of musical works via the internet, satellite and cable retransmission – Decision finding an infringement of Article 81 EC – Sharing of the geographic market – Bilateral agreements between national collecting societies – Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences – Proof – Presumption of innocence

H. Kanninen (Rapporteur), P
T-442/08, [2013] EUECJ T-442/08
Bailii
European

European, Commercial, Media, Intellectual Property

Updated: 01 November 2021; Ref: scu.472585

Sanofi-Aventis Deutschland Gmbh v Demo Anonimos Viomikhaniki Kai Emporiki Etairia Farmakon: ECJ 18 Jul 2013

sanofis-aventis_davECJ072013

ECJ Grand Chamber – Common commercial policy – Article 207 TFEU – Commercial aspects of intellectual property – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) – Article 27 – Patentable subject-matter – Article 70 – Protection of existing subject-matter

V Skouris, P, P Cruz Villalon AG
C-414/11, [2013] EUECJ C-414/11
Bailii

European, Commercial

Updated: 01 November 2021; Ref: scu.513416

Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

bosmanECJ1995

A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward before the close of the oral procedure.
In the context of the cooperation between the Court of Justice and the national courts provided for by Article 177 of the Treaty, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling
Nevertheless, in order to determine whether it has jurisdiction, the Court should examine the conditions in which the case was referred to it by the national court. The spirit of cooperation which must prevail in the preliminary-ruling procedure requires the national court, for its part, to have regard to the function entrusted to the Court of Justice, which is to assist in the administration of justice in the Member States and not to deliver advisory opinions on general or hypothetical questions.
Europa
That is why the Court has no jurisdiction to give a preliminary ruling on a question submitted by a national court where it is quite obvious that the interpretation of Community law sought by that court bears no relation to the actual facts of the main action or its purpose or where the problem is hypothetical and the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it.
Questions submitted by a national court called upon to decide on declaratory actions seeking to prevent the infringement of a right which is seriously threatened are to be regarded as meeting an objective need for the purpose of settling the dispute brought before that court, even though they are necessarily based on hypotheses which are, by their nature, uncertain, if it holds them to be admissible under its interpretation of its national law.
Having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty, as in the case of the activities of professional or semi-professional footballers, where they are in gainful employment or provide a remunerated service.
Europa
It is not necessary, for the purposes of the application of the Community provisions on freedom of movement for workers, for the employer to be an undertaking; all that is required is the existence of, or the intention to create, an employment relationship.
Rules governing business relationships between employers in a sector of activity fall within the scope of the Community provisions relating to freedom of movement for workers if their application affects the terms of employment of workers.
That is true of rules relating to the transfer of players between football clubs which, although they govern the business relationships between clubs rather than the employment relationships between clubs and players, affect, because the employing clubs must pay fees on recruiting a player from another club, players’opportunities for finding employment and the terms under which such employment is offered.
The Community provisions concerning freedom of movement for persons and freedom to provide services do not preclude rules or practices in sport which are justified on non-economic grounds which relate to the particular nature and context of certain competitions. Such a restriction on the scope of the provisions in question must remain limited to its proper objective and cannot, therefore, be relied upon to exclude the whole of a sporting activity from the scope of the Treaty.
Europa
Freedom of movement for workers, guaranteed by Article 48 of the Treaty, is a fundamental freedom in the Community system and its scope cannot be limited by the Community’s obligation to respect the national and regional cultural diversity of the Member States when it uses the powers of limited extent conferred upon it by Article 128(1) of the EC Treaty in the field of culture.
The principle of freedom of association, enshrined in Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and resulting from the constitutional traditions common to the Member States, is one of the fundamental rights which, as the Court has consistently held and as is reaffirmed in the preamble to the Single European Act and in Article F(2) of the Treaty on European Union, are protected in the Community legal order.
However, rules likely to restrict freedom of movement for professional sportsmen, laid down by sporting associations, cannot be seen as necessary to ensure enjoyment of that freedom by those associations, by the clubs or by their players, nor can they be seen as an inevitable result thereof.
The principle of subsidiarity, even when interpreted broadly to the effect that intervention by Community authorities in the area of organization of sporting activities must be confined to what is strictly necessary, cannot lead to a situation in which the freedom of private associations to adopt sporting rules restricts the exercise of rights conferred on individuals by the Treaty.
Europa
Article 48 of the Treaty not only applies to the action of public authorities but extends also to rules of any other nature aimed at regulating gainful employment in a collective manner.
The abolition as between Member States of obstacles to freedom of movement for persons would be compromised if the abolition of State barriers could be neutralized by obstacles resulting from the exercise of their legal autonomy by associations or organizations not governed by public law. Furthermore, if the scope of Article 48 were confined to acts of a public authority there would be a risk of creating inequality in its application, inasmuch as working conditions in the different Member States are governed sometimes by provisions laid down by law or regulation and sometimes by agreements and other acts concluded or adopted by private persons.
There is nothing to preclude individuals from relying, to justify restrictions on freedom of movement for workers which they may be alleged to have set up, on the grounds of public policy, public security or public health permitted by Article 48 of the Treaty. Neither the scope nor the content of those grounds of justification is in any way affected by the public or private nature of the restrictive rules in support of which they are adduced.
Europa
Article 48 of the Treaty applies to rules laid down by sporting associations which determine the terms on which professional sportsmen can engage in gainful employment.
13. The situation of a professional footballer who is a national of a Member State and, by entering into a contract of employment with a club in another Member State with a view to exercising gainful employment in that State, has accepted an offer of employment actually made within the meaning of Article 48(3)(a) of the Treaty, cannot be classified as purely internal and therefore not covered by Community law.
Article 48 of the Treaty precludes the application of rules laid down by sporting associations, under which a professional footballer who is a national of one Member State may not, on the expiry of his contract with a club, be employed by a club of another Member State unless the latter club has paid to the former club a transfer, training or development fee.
Such rules, even though they do not differ from those governing transfers within the same Member State, are likely to restrict the freedom of movement of players who wish to pursue their activity in another Member State by preventing or deterring them from leaving the clubs to which they belong even after the expiry of their contracts of employment with those clubs.
Nor are they an adequate means of achieving such legitimate aims as maintaining a financial and competitive balance between clubs and supporting the search for talent and the training of young players, since
– those rules neither preclude the richest clubs from securing the services of the best players nor prevent the availability of financial resources from being a decisive factor in competitive sport, thus considerably altering the balance between clubs,
– the fees provided for in those rules are by nature contingent and uncertain and are in any event unrelated to the actual cost of training borne by clubs and
– the same aims can be achieved at least as efficiently by other means which do not impede freedom of movement for workers.
Europa
Article 48 of the Treaty precludes the application of rules laid down by sporting associations under which, in matches in competitions which they organize, football clubs may field only a limited number of professional players who are nationals of other Member States.
Such rules are contrary to the principle of the prohibition of discrimination based on nationality as regards employment, remuneration and conditions of work and employment and it is of no relevance that they concern not the employment of such players, on which there is no restriction, but the extent to which their clubs may field them in official matches, since, in so far as participation in such matches is the essential purpose of a professional player’s activity, a rule which restricts that participation obviously also restricts the chances of employment of the player concerned.
Nor can those rules, which do not concern specific matches between teams representing their countries but apply to all official matches between clubs, be justified for reasons which are not of an economic nature and are of sporting interest only, such as: preserving the traditional link between each club and its country, since a football club’s links with the Member State in which it is established cannot be regarded as inherent in its sporting activity; creating a sufficient pool of national players to provide the national teams with top players to field in all team positions, since, whilst national teams must be made up of players having the nationality of the relevant country, those players need not necessarily be registered to play for clubs in that country; or maintaining a competitive balance between clubs, since there are no rules limiting the possibility for richer clubs to recruit the best national players, thus undermining that balance to just the same extent.
Europa
Except where such powers are expressly conferred upon it, the Commission may not give guarantees concerning the compatibility of specific practices with the Treaty and in no circumstances does it have the power to authorize practices which are contrary to the Treaty.
The interpretation which the Court, in the exercise of the jurisdiction conferred upon it by Article 177 of the Treaty, gives to a rule of Community law clarifies and where necessary defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the time of its coming into force. It follows that the rule as thus interpreted can, and must, be applied by the courts even to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing before the courts having jurisdiction an action relating to the application of that rule are satisfied.
It is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict the opportunity for any person concerned to rely upon the provision as thus interpreted with a view to calling in question legal relationships established in good faith. Such a restriction may be allowed only by the Court, in the actual judgment ruling upon the interpretation sought.
Since the specific features of the rules laid down by the sporting associations for transfers of players between clubs of different Member States, together with the fact that the same or similar rules applied to transfers both between clubs belonging to the same national association and between clubs belonging to different national associations within the same Member State, may have caused uncertainty as to whether those rules were compatible with Community law, overriding considerations of legal certainty militate against calling in question legal situations whose effects have already been exhausted.
It must therefore be held that the direct effect of Article 48 of the Treaty cannot be relied upon in support of claims relating to a fee in respect of transfer, training or development which has already been paid on, or is still payable under an obligation which arose before, the date of this judgment, except by those who have brought court proceedings or raised an equivalent claim under the applicable national law before that date.

C-415/93, [1995] EUECJ C-415/93, [1995] ECR I-4921
Bailii
Cited by:
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 – Viking Line Abp v International Transport Workers’ Federation and Another ComC 16-Jun-2005
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a . .
Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .
Cited – Apis-Hristovich v Lakorda AD (Approximation Of Laws) ECJ 5-Mar-2009
apishristovichECJ2009
Europa Directive 96/9/EC Legal protection of databases – Sui generis right – Obtaining, verification or presentation of the contents of a database – Extraction – Substantial part of the contents of a database – . .

Lists of cited by and citing cases may be incomplete.

European, Employment, Commercial, Human Rights

Leading Case

Updated: 01 November 2021; Ref: scu.161205

Kone And Others (Advocate Generals Opinion): ECJ 30 Jan 2014

ECJ Opinion – Competition – Antitrust law – Private enforcement – Action for damages – Claim for compensation brought by the customer of a person not party to the cartel against the undertakings belonging to the cartel on the ground that a person not party to the cartel, benefiting from the protection of the cartel, charges inflated prices – Umbrella pricing – Direct causal link – Principle of effectiveness

Kokott AG
ECLI:EU:C:2014:45, [2014] EUECJ C-557/12
Bailii
European

Commercial

Updated: 01 November 2021; Ref: scu.521181

Team Relocations Nv v European Commission: ECJ 11 Jul 2013

ECJ Appeals – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Direct and indirect price-fixing, market-sharing and manipulation of the procedures for the submission of tenders – Single and continuous infringement – Imputability – Guidelines on the method of setting fines (2006) – Value of sales – Concept – Proportion – Additional amount – Mitigating circumstances – Obligation to state reasons – Imputability to the parent company of the infringement – Regulation (EC) No 1/2003 – Article 23(2) – Ceiling of 10% of turnover – Proportionality

M Ilesic P
C-444/11, [2013] EUECJ C-444/11
Bailii
European

Commercial

Updated: 01 November 2021; Ref: scu.512344

Shell Nederland Verkoopmaatschappij Bv v European Commission: ECFI 27 Sep 2012

ECFI Competition – Agreements, decisions and concerted practices – Netherlands market in road pavement bitumen – Decision finding an infringement of Article 81 EC – Imputability of the unlawful conduct – Joint control – Fines – Aggravating circumstances – Role of instigator and leader – Repeated infringement – Duration of the infringement – Rights of the defence – Unlimited jurisdiction – Conduct of the undertaking during the administrative procedure

Jaeger, P
T-343/06, [2012] EUECJ T-343/06
Bailii
European

Commercial

Updated: 01 November 2021; Ref: scu.464588

Somerfield Plc v Competition Commission: CAT 13 Feb 2006

Somerfield applied under section 120 of the 2002 Act for judicial review of the decision of the respondent, the CC as to its acquisition of stores Report concluded that the completed acquisition by Somerfield of 115 stores previously owned by Wm Morrison Supermarkets plc (‘Morrisons’) may be expected to result in a substantial lessening of competition in twelve local grocery markets in Great Britain. By way of remedial action pursuant to section 35(3) of the Act, the CC ordered Somerfield to divest itself of twelve of its stores to suitable grocery retailers approved by the CC.
Held: The request ro review failed.

[2006] CAT 4
Bailii
Enterprise Act 2002

Commercial

Leading Case

Updated: 01 November 2021; Ref: scu.241225

Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

EC has sole jurisdiction over old cartels

Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel was said to hve started in2001, but the Treaty provisions applied within the UK only from 2004.
Held: The court did ot have such jurisdiction. At the applicable time such matters were within the sole ambit of the European Commission. The UK rules had not listed the High Court as having jurisdiction. The decisions in Bosch and Asjes apply even in a case where there is very little possibility of the agreement or concerted practice in question benefiting from the application of Article 85(3).

Rose J
[2017] EWHC 2420 (Ch), [2017] WLR(D) 638
Bailii, WLRD
EUTreaty 101
England and Wales
Citing:
Cited – Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn ECJ 6-Apr-1962
1. Procedure – preliminary ruling – jurisdiction of the court exclusively dependent on the existence of a request
(EEC Treaty, article 177)
2. Procedure – preliminary ruling on the interpretation of the EEC treaty – request by a national . .
Cited – Van Gend En Loos v Administratie Der Belastingen ECJ 5-Feb-1963
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any . .
Cited – Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community ECJ 13-Jul-1966
Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty . .
Cited – Belgische Radio En Televisie v Sv Sabam And Nv Fonior ECJ 30-Jan-1974
Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to . .
Cited – Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others. ECJ 30-Apr-1986
The tribunal de police de Paris sought a preliminary ruling in criminal proceedings against the executives of airlines and travel agencies, who were charged with infringing the French Civil Aviation Code when selling air tickets by applying tariffs . .
Cited – Ahmed Saeed Flugreisen And Silver Line Reisebuero Gmbh v Zentrale Zur Bekampfung Unlauteren Wettbewerbs EV ECJ 11-Apr-1989
The Court was asked as to the enforcement of government approved airline tariffs which were being evaded by travel agents who bought air tickets between two airports both outside Germany with the passenger boarding the plane during its stopover at a . .
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 . .
Cited – 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 . .
Cited – Amministrazione Delle Finanze v Srl Meridionale Industria Salumi, Fratelli Vasanelli And Fratelli Ultrocchi ECJ 27-Mar-1980
Proceedings were taken to require Mr Salumi and others to pay additional sums as levies on imports of agricultural products, on the basis that the earlier lower levy had been applied in error. Subsequently an EU regulation was enacted and the . .
Cited – Toshiba Corporation And Others v Urad pro ochranu hospodarske souteze ECJ 14-Feb-2012
ECJ (Grand Chamber) Competition – Cartel, in the territory of a Member State, which commenced before the accession of that State to the European Union – Cartel of international scope having effects in the . .
Cited – O’Brien v Ministry of Justice and Others CA 6-Oct-2015
The claimants each sought additional pensions, saying that discrimination laws which had come into effect (for part time workers and for sexual orientation) should be applied retrospectively.
Held: The decision was upheld. The ‘no . .

Lists of cited by and citing cases may be incomplete.

Commercial, European, Transport

Updated: 01 November 2021; Ref: scu.597467

Coditel Brabant v Commune d’Uccle, Region de Bruxelles-Capitale (Law Relating To Undertakings): ECJ 13 Nov 2008

ECJ Public procurement – Tendering procedures Public service concessions – Concession for the operation of a municipal cable television network – Awarded by a municipality to an inter-municipal cooperative society – Obligation of transparency – Conditions – Whether the control exercised by the concession-granting authority over the concessionaire is similar to that exercised over its own departments.
‘Indeed, a public authority has the possibility of performing the public interest tasks conferred on it by using its own administrative, technical and other resources, without being obliged to call on outside entities not forming part of its own departments (Stadt Halle, para 48).
49. That possibility for public authorities to use their own resources to perform the public interest tasks conferred on them may be exercised in cooperation with other public authorities . .’
And ‘According to the case law, the control exercised over the concessionaire by a concession-granting public authority must be similar to that which the authority exercises over its own departments, but not identical in every respect (see, to that effect, Parking Brixen, para 62). The control exercised over the concessionaire must be effective, but it is not essential that it be exercised individually.
Secondly, where a number of public authorities elect to carry out their public service tasks by having recourse to a municipal concessionaire, it is usually not possible for one of those authorities, unless it has a majority interest in that entity, to exercise decisive control over the decisions of the latter. To require the control exercised by a public authority in such a case to be individual would have the effect of requiring a call for competition in the majority of cases where a public authority seeks to join a grouping composed of other public authorities, such as an inter-municipal cooperative society.
Such a result, however, would not be consistent with Community rules on public procurement and concession contracts. Indeed, a public authority has the possibility of performing the public interest tasks conferred on it by using its own administrative, technical and other resources, without being obliged to call on outside entities not forming part of its own departments (Stadt Halle, para 48).
That possibility for public authorities to use their own resources to perform the public interest tasks conferred on them may be exercised in cooperation with other public authorities (see, to that effect, Asemfo, para 65).
It must therefore be recognised that, where a number of public authorities own a concessionaire to which they entrust the performance of one of their public service tasks, the control which those public authorities exercise over that entity may be exercised jointly.’

[2008] ECR I-8457, [2008] EUECJ C-324/07
Bailii
European
Cited by:
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
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.

Local Government, Commercial

Updated: 01 November 2021; Ref: scu.277858

The Case of Monopolies; Darcy v Allein: 1572

Origin of Patents Rights in the Crown

Darcy challenged the grant of an exclusive right to produce cards to the defendant.
Held: The grant of exclusive rights to produce any article was improper. However, where someone creates through his own actions and bring into trade a new and previously unknown engine, it is within the power of the king to grant hima monopoly patent for a reasonable time so that he may produce the item for the general benefit.

[1572] EngR 398, (1572-1616) 11 Co Rep 84, (1572) 77 ER 1260, (1602) Noy 173, (1602) Moore KB 671, (1602) 1 Web Pat Cas 1, (1602) 74 ER 1131
Commonlii
England and Wales

Intellectual Property, Commercial, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.432364

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence the question of interpretation. That depends on what meanings the language read against the objective contextual scene will let in. Thirdly, the enquiry is objective: the question is what reasonable persons, circumstanced as the actual parties were, would have had in mind.
Lord Wilberforce commented on the Wooler case saying: ‘I think that all of their Lordships are saying, in different words, the same thing — what the court must do must be to place itself in thought in the same factual matrix as that in which the parties were’.
Lord Wilberforce said: ‘No contracts are made in a vacuum: there is always a setting in which they have to be placed. The nature of what is legitimate to have regard to is usually described as ‘the surrounding circumstances’ but this phrase is imprecise: it can be illustrated but hardly defined. In a commercial contract it is certainly right that the court should know the commercial purpose of the contract and this in turn presupposes knowledge of the genesis of the transaction, the background, the context, the market in which the parties are operating.’

Lord Wilberforce
[1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570
England and Wales
Citing:
Explained – Charrington and Co Ltd v Wooler HL 1914
The court is entitled to know the surrounding circumstances which prevailed when the contract was made. A contract is not to be construed in a vacuum. The term ‘market’ did not have a ‘fixed legal significance’ .
Lord Dunedin said: ‘in order to . .

Cited by:
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Youell and Others v Bland Welch and Co Ltd and Others CA 1992
The court considered whether an underwiter’s slip was admissible when construing the policy which followed.
Held: Staughton LJ said: ‘It is now, in my view, somewhat old-fashioned to approach such a problem armed with the parol evidence rule, . .
Cited – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act.
Held: The housing association had a temporary licence to . .
Cited – Catnic Components Ltd and Another v Hill and Smith Ltd HL 1982
The plaintiffs had been established as market leaders with their patented construction, had ample production capacity and stocks, but had never granted any licence under their patent. The patent was for a novel type of galvanised steel lintel, which . .
Cited – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
Cited – McDowall v Inland Revenue SCIT 26-Jun-2003
Gifts had been made from an estate, purportedly under a power of attorney. During his lifetime, the deceased had made various gifts to his children. As he begand to suffer Alzheimers, he gave a power of attorney. He had substantial assets, well . .
Cited – Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co CA 21-May-1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because . .
Cited – Crancour Ltd v Da Silvaesa and Another CA 26-Feb-1986
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be . .
Cited – Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
Cited – Islam, Regina v HL 10-Jun-2009
The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported.
Held: The appeal failed. The court could take account of the illegal . .
Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Cited – Marley v Rawlings and Another SC 22-Jan-2014
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties . .
Cited – Arnold v Britton and Others SC 10-Jun-2015
Absurdity did not defeat a clear clause
A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended.
Held: The tenants’ appeal failed . .
Cited – Arnold v Britton and Others SC 10-Jun-2015
Absurdity did not defeat a clear clause
A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended.
Held: The tenants’ appeal failed . .
Cited – Wood v Capita Insurance Services Ltd SC 29-Mar-2017
Construction of term of contract for the sale and purchase of the entire issued share capital of a company.
Held: The appeal was dismissed: ‘the SPA may have become a poor bargain, as it appears that it did not notify the sellers of a warranty . .

Lists of cited by and citing cases may be incomplete.

Commercial, Contract

Leading Case

Updated: 01 November 2021; Ref: scu.184430

Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 24 Feb 2011

The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to demand excessive rents. The defendant sought to strike out that part of the claim.
Held: The allegation of abuse of dominant position failed. It was not the case that a proposal, made in the course of negotiations, of a rent or price which is excessive can without more constitute the imposition of an unfair rent or price for the purposes of section 18 and Article 102. Furthermore the claimant had failed to particularise the allegation. The related parts of the claim were struck out.

Sir Andrew Morritt
[2011] EWHC 352 (Ch)
Bailii
Landlord and Tenant Act 1954 30(1)(g), Competition Act 1998 18
England and Wales
Citing:
Cited – Cunliffe v Goodman CA 1950
The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I will call him X – does more . .
Mentioned – Chez Gerard Ltd v Greene CA 1983
. .
Cited – BHB Enterprises Plc v Victor Chandler (International) Ltd ChD 27-May-2005
The claimant created a very substantial computerised database about horses and the racing industry. It licensed the database to users, including some who were able to grant sub-licenses. It sought to rely on the Database Directive to support its . .
Cited – Sel-Imperial Ltd v The British Standards Institution ChD 23-Apr-2010
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant . .
Cited – Nigeria v Santolina Investment Corp and others ChD 7-Mar-2007
The federal government sought to recover properties from the defendants which it said were the proceeds of corrupt behaviour by the principal defendant who had been State Governor of a province. The claimant sought summary judgment.
Held: . .
Cited – Northern Electric Plc v Addison CA 12-Jun-1997
The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which . .
Cited – Attheraces Ltd and Another v The British Horseracing Board Ltd and Another CA 2-Feb-2007
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly . .
Cited – Merci Convenzionali Porto di Genova v Siderurgica Gabrielli (Judgment) ECJ 10-Dec-1991
ECJ 1. The concept of worker within the meaning of Article 48 of the Treaty pre-supposes that for a certain period of time a person performs services for and under the direction of another person in return for . .

Cited by:
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 11-May-2011
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 27-Jun-2011
Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it . .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 29-Jul-2011
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 27-Jan-2012
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Commercial

Updated: 01 November 2021; Ref: scu.430245

European Commission v Verhuizingen Coppens Nv: ECJ 6 Dec 2012

ECJ Appeal – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Cartel involving three individual agreements – Single and continuous infringement – Failure to prove that an undertaking party to an individual agreement was aware of the other individual agreements – Annulment, in whole or in part, of the Commission decision – Articles 263 TFEU and 264 TFEU

L. Bay Larsen AP
C-441/11, [2012] EUECJ C-441/11
Bailii
European

Commercial

Updated: 01 November 2021; Ref: scu.467083

Fresh Del Monte Produce, Inc v European Commission: ECFI 14 Mar 2013

ECFI Competition – Agreements, decisions and concerted practices – Market in bananas – Decision finding an infringement of Article 81 EC – Information exchange system – Concept of a concerted practice having an anti-competitive object – Causal link between the collusion and the conduct of the undertakings on the market – Single infringement – Imputation of the infringement – Rights of the defence – Fines – Gravity of the infringement – Cooperation – Mitigating circumstances

L. Truchot, P
T-587/08, [2013] EUECJ T-587/08
Bailii
European

Commercial

Updated: 01 November 2021; Ref: scu.471905

Masco Corp v European Commission: ECFI 16 Sep 2013

masco_ecECJ2013

ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Single infringement

Pelikanova P
T-378/10, [2013] EUECJ T-378/10
Bailii

European, Commercial

Updated: 01 November 2021; Ref: scu.515271

Canal Digital Danmark A?S: ECJ 26 Oct 2016

Misleading Advertising of Subscription Charges

ECJ Judgment – Reference for a preliminary ruling – Unfair commercial practices – Directive 2005/29/EC – Articles 6 and 7 – Advertising relating to a satellite TV subscription – Subscription price including, in addition to the monthly subscription charge, a six-monthly charge for the card required for decoding emissions – Six-monthly charge omitted or presented in a less conspicuous manner than the monthly charge – Misleading action – Misleading omission – Transposition of a provision of a directive only in the preparatory work for the national transposing legislation and not in the wording of that legislation itself

ECLI:EU:C:2016:800, [2016] EUECJ C-611/14, [2016] WLR(D) 550
Bailii, WLRD
Directive 2005/29/EC
European

Commercial, Media

Updated: 01 November 2021; Ref: scu.570580

Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc: SC 9 Apr 2014

The Court was asked whether claims against MAM for losses suffered by reason of a cartel infringing article 81(1) TEC (now article 101 TFEU) were time-barred, and also as to substantive questions about the nature of the decisions of the European Commission (or European Court of Justice) which bind domestic courts as to the existence of such a cartel. Having themselves disclosed the cartel, they had not been fined, and nor had they been involved in the rejected appeals against the fines. It was now asked whether they could ake advantage of the limitation period generated by that decision. The Court of Appeal had decided that the claim could proceed.
Held: The appeal was allowed. Section 47A of the 1998 Act was to be taken to refer to the Commission Decision, and not to the later decision of the Court.
A Commission Decision regarding the existence of a cartel constitutes a series of decisions addressed to its individual addressees, which remain binding or not according to the lodging and outcome of any individual appeals. A successful appeal by one addressee, establishing that there was no cartel, has no effect on the validity and effects of the Decision determining that there was such a cartel and levying a fine as against another addressee who has not appealed, and even if the appeals against infringement by alleged cartel members other than the appellant had succeeded, that would in European law have made no difference to the findings as to the existence and scope of the ‘complex of agreements and concerted practices’ in the relevant sector to which the Commission Decision found the appellant to have been party.

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Hodge
[2014] UKSC 24, UKSC 2012/0209, [2014] UKCLR 667, [2014] Bus LR 377, [2014] 4 CMLR 33, [2014] WLR(D) 161, [2014] 2 All ER 785
Bailii, Bailii Summary, SC Summary, SC, WLRD
Competition Act 1998 47A
England and Wales
Citing:
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 – Europese Gemeenschap v Otis Nv ECJ 6-Nov-2012
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of . .
Cited – 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 . .
Appeal from – Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others CA 31-Jul-2012
The respondent company (MC) had disclosed to the European Commission its own historical involvement in unlawful price-fixing cartels. Other members, but not MC received fines. The claimants (DB) sought damages for their losses arising from the . .
At CAT – Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others CAT 25-May-2011
. .
Cited – Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA etc ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
Cited – Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others ECJ 14-Sep-1999
Wood Pulp II
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
Cited – A Ahlstrom Osakeyhtio and others v Commission ECJ 31-Mar-1993
ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves . .
Cited – Enron Coal Services Ltd (In Liquidation) v English Welsh and Scottish Railway Ltd (No 2) CA 19-Jan-2011
Section 47A of the 1997 Act has the effect that ‘the defendant cannot deny that it has committed whatever infringement the regulator has found’ and that ‘the decision that there was an infringement, and a particular infringement, is conclusive’: . .
Cited – Galp Energia Espana SA v European Commission ECJ 16-Sep-2013
Some of the addressees of a Commission Decision had appealed, but they sought annulment of the Decision as against all its addressees.
Held: ‘Principally, the applicants submit claims seeking annulment of the contested decision in its entirety . .

Lists of cited by and citing cases may be incomplete.

European, Commercial, Limitation

Leading Case

Updated: 31 October 2021; Ref: scu.523627

Wikingerhof GmbH and Co KG v Booking.com BV: ECJ 24 Nov 2020

European Competition Law – Jurisdiction Choice

(Grand Chamber) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction – Article 7, points 1 and 2 – Special jurisdiction in matters relating to tort, delict or quasi-delict – Action seeking an injunction against commercial practices considered to be contrary to competition law – Allegation of abuse of a dominant position occurring in commercial practices covered by contractual provisions – Online accommodation booking platform booking.com – Whether hotelier able to bring action in Germany as place where harmful event occurring

President K Lenaerts,Vice-President R Silva de Lapuerta
[2021] Bus LR 97, [2020] WLR(D) 647, ECLI:EU:C:2020:950, [2020] EUECJ C-59/19
WLRD, Bailii
Parliament and Council Regulation (EU) No 1215/2012 7(2)
European

European, Commercial

Updated: 31 October 2021; Ref: scu.659343

Commerzbank v Commission: ECFI 27 Sep 2006

ECFI Competition – Article 81 EC – Price-fixing agreement and ways of charging for currency exchange services – Germany – Evidence of the infringement – Application to set aside judgments by default
H. Legal, P
[2006] EUECJ T-61/02, T-44/02 OP, T-54/02 OP, T-56/02 OP, T-60/02 OP, T-61/02 OP
Bailii
Citing:
See Also – Commerzbank v Commission (Competition) French Text ECFI 14-Oct-2004
ECFI Competition – Article 81 EC – Price-fixing agreement and ways of charging for currency exchange cash – Germany – Procedure by default . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509984

Mastercard Incorporated and Others v Merricks: SC 11 Dec 2020

procedure for collective proceedings introduced by amendment to the Competition Act 1998 (‘the Act’) for the purpose of enabling small businesses and consumers more easily to bring claims for what may loosely be described as anti-competitive conduct in breach of the provisions of the Act.
Lord Kerr, Lord Briggs, Lord Sales, Lord Leggatt, Lord Thomas
[2020] UKSC 51, [2021] Bus LR 25
Bailii
Competition Act 1998
England and Wales

Updated: 27 October 2021; Ref: scu.656806

Altice Europe v Commission (Competition – Concentrations – Telecommunications Sector – Judgment): ECFI 22 Sep 2021

Competition – Concentrations – Telecommunications sector – Decision imposing fines for putting into effect a concentration before it has been notified and authorised – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Legal certainty – Legitimate expectations – Principle of legality – Presumption of innocence – Proportionality – Gravity of the infringements – Implementation of the infringements – Exchange of information – Amount of fines – Unlimited jurisdiction
T-425/18, [2021] EUECJ T-425/18,
Bailii
European

Updated: 23 October 2021; Ref: scu.668264

Evropaiki Dynamiki v Commission,: ECJ 12 Nov 2008

Public service contracts – Invitation to tender concerning support services for the system of registries established under Directive 2003/87/EC – Rejection of a tender – Decision to award the contract to another tenderer – Manifest error of assessment – Obligation to state the reasons on which the decision is based – Claim for damages
[2008] EUECJ T-406/06, ECLI:EU:T:2008:484
Bailii
European

Updated: 22 October 2021; Ref: scu.666507

Streekgewest Westelijk Noord-Brabant v Staatssecretaris van Financien: ECJ 13 Jan 2005

Europa State aid – Article 93(3) of the EC Treaty (now Article 88(3) EC) – Planned aid – Prohibition on the implementation of planned measures before the Commission’s final decision – Scope of the prohibition if the aid consists of an exemption from a tax – Persons who may rely on an infringement
C-174/02, [2005] EUECJ C-174/02
Bailii
European

Updated: 15 October 2021; Ref: scu.221481

Lithgow And Others v The United Kingdom: ECHR 8 Jul 1986

The applicants complained that on the nationalisation of their interests under the 1977 Act, the compensation awarded had been inadequate and did not reflect their true value.
Held: Convention jurisprudence permits a proportionate restriction on access to a court, provided the essential rights that are in contest from a Convention point of view are not thereby rendered nugatory. The court considered the economic policies which underlay the nationalisation of shipbuilding companies. The assessment of compensation in a nationalisation case was particularly complex and called for different considerations from those which applied to the compulsory acquisition of land where legislation applicable across the board was required.
ECHR No violation of P1-1. The phrase ‘subject to the conditions provided for by law’ requires the existence of and compliance with adequately accessible and sufficiently precise domestic legal provisions. As to the need for a reasonable relationship of proportionality between the means employed and the aim sought to be realised, and the requirement that a balance must be struck between the general interest to the community and protection of the individual’s fundamental rights, the taking of property without reasonable compensation would normally constitute a disproportionate interference.
R Ryssdal, President
9006/80, [1986] ECHR 8, (1986) 8 EHRR 329, 9262/81, 9006/80
Worldlii, Bailii, Bailii
European Convention on Human Rights, Aircraft and Shipbuilding Industries Act 1977
Human Rights
Cited by:
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.227222

Easyjet Airline v Commission: ECFI 21 Jan 2015

ECJ (Judgment) Competition – Abuse of a dominant position – Airport services market – Decision rejecting a complaint – Article 13(2) of Regulation (EC) No 1/2003 – Case dealt with by a competition authority of a Member State – Rejection of the complaint on priority grounds – Decision of the competition authority drawing conclusions, in competition law, from an investigation conducted under national legislation applicable to the sector in question – Obligation to state reasons
T-355/13, [2015] EUECJ T-355/13, ECLI:EU:T:2015:36
Bailii
Regulation (EC) No 1/2003 13(2)
European

Updated: 25 September 2021; Ref: scu.541694

Good Law Project Ltd, Regina (on The Application of) v Minister for The Cabinet Office: TCC 9 Jul 2021

The Good Law Project, seeks judicial review in respect of an award of a contract by the Defendant, the Minister for the Cabinet Office, to the Interested Party for the supply of services. These services were to assist the Government in terms of policy development, and emergency messaging to the public, as part of the response to the Covid-19 pandemic. The Claimant challenges that award as being contrary to the Public Contract Regulations 2015
[2021] EWHC 1937 (TCC)
Bailii
Public Contract Regulations 2015
England and Wales
Citing:
See Also – The Good Law Project Ltd, Regina (on The Application of) v Minister for The Cabinet Office TCC 23-Jul-2021
Challenge to award of contract for media assistance during pandemic – admission of evidence . .

Lists of cited by and citing cases may be incomplete.
Updated: 15 September 2021; Ref: scu.667721

Bop-Me Ltd v Secretary of State for Health and Social Care: TCC 5 Jul 2021

Application by the Claimant for permission to rely upon expert evidence in these procurement proceedings against the Defendant, to whom I shall refer as the Secretary of State. The subject matter of the procurement in respect of which the Claimant brings this challenge is the supply of PPE to the Department of Health and Social Care, and the situation that arose earlier in 2020 in respect of the Government response to the Covid-19 pandemic. The PPE in question in this case is face masks. The Claimant is in the business of supplying what are called Type IIR face masks.
Mr Justice Fraser
[2021] EWHC 1817 (TCC)
Bailii
England and Wales

Updated: 15 September 2021; Ref: scu.667718

The Good Law Project Ltd, Regina (on The Application of) v Minister for The Cabinet Office: TCC 23 Jul 2021

Challenge to award of contract for media assistance during pandemic – admission of evidence
Mr Justice Fraser
[2021] EWHC 2091 (TCC)
Bailii
Public Contract Regulations 2015
England and Wales
Cited by:
See Also – Good Law Project Ltd, Regina (on The Application of) v Minister for The Cabinet Office TCC 9-Jul-2021
The Good Law Project, seeks judicial review in respect of an award of a contract by the Defendant, the Minister for the Cabinet Office, to the Interested Party for the supply of services. These services were to assist the Government in terms of . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 September 2021; Ref: scu.667722

Draeger Safety UK Ltd v The London Fire Commissioner: TCC 4 Aug 2021

Application by the Defendant, for the lifting of the automatic suspension which arose on issue of a procurement challenge by the Claimant pursuant to regulation 96(1)(a) of the Public Contracts Regulations 2015; and an application by Draeger for an expedited trial.
Mrs Justice O’Farrell
[2021] EWHC 2221 (TCC)
Bailii
England and Wales

Updated: 08 September 2021; Ref: scu.667732

Shanning International Ltd (in liquidation) v Lloyds Bank plc Lloyds Bank plc v Rasheed Bank: HL 2 Jul 2001

Under a series of cross guarantees, equipment was supplied to Iraq. Final payment was due on delivery of the final equipment. Before it could be delivered, the prohibitions came into effect against satisfying or making any claims in connection with transactions in matters covered by the UN resolution. The company went into liquidation, and sought claims under the guarantees from the bank. The bank agreed liability if it could itself be excused liability to the Iraqi company. It was held that the intention was to create a permanent prohibition. To hold otherwise would risk reviving contractual obligations which could no longer be performed. The ban might end but prohibition on the enforcement of earlier contracts must remain.
Bingham, Steyn, Hope, Hobhouse, Scott L
Times 02-Jul-2001, Gazette 23-Aug-2001, [2001] UKHL 31, [2001] 1 WLR 1462, [2001] 3 CMLR 14
Bailii, House of Lords
Council Regulation (EEC) 3541/92
England and Wales
Citing:
Appeal from – Shanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20 CA 25-May-2000
. .
At first instance – Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another ComC 17-Dec-1999
The parties were linked together by a series of bonds, deposits, and guarantees and indemnities which had been designed to enable trade with a customer in Iraq. The Regulation operated to prevent any claim being made under the bond, and therefore . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – William Dowling v Ireland, Attorney General and Minister for Agriculture and Foods ECJ 22-Oct-1992
Europa The combined provisions of Articles 3(3) and 3a of Regulation No 857/84, as amended by Regulation No 764/89 and subsequently by Regulation No 1639/91, do not provide for any possibility of granting a . .

Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.89187

Generics and Harris Pharmaceuticals v Smith Kline and French Laboratories: ECJ 27 Oct 1992

When deciding upon the terms upon which licenses for the use of patented drugs are to be granted, a member state must not take into account issues other than those properly involved in such decisions. Protection of existing licences were not a proper consideration, and operated unlawfully to restrict trade.
Europa 1. Articles 30 and 36 of the Treaty must be interpreted as precluding the authorities of Member States competent to settle, in the absence of agreement, the terms of licences of right from relying upon provisions of national legislation in order to refuse the licensee of right authorization to import the patented product from non-member countries where the proprietor of the patent manufactures the product within the national territory and in order to grant such authorization where the proprietor of the patent works his patent by importing the product from other Member States of the Community. Such a practice is discriminatory because it encourages proprietors of patents to manufacture patented products within the national territory rather than to import them from other Member States and does not correspond to any requirement for the safeguarding of rights constituting the specific subject-matter of the industrial and commercial property. 2. Articles 47 and 209 of the Act of Accession of 1985, according to which the holder (or his beneficiary) of a patent for a pharmaceutical product filed in a Member State at a time when a product patent could not be obtained in Spain or Portugal for that product may rely upon the rights granted by the patent in order to prevent the import and marketing of that product in the existing Member State or States where that product enjoys patent protection, even if that product was put on the market in Spain or Portugal for the first time by him or with his consent, must be interpreted to the effect that the authorities of the Member States competent to settle, in the absence of agreement, the conditions of licences of right may, on the basis of those provisions and in derogation from the principles laid down by Articles 30 and 36 of the Treaty, prohibit the licensee from importing from Spain and Portugal a patented pharmaceutical product if national law confers upon the proprietor of the patent the right to prevent imports and if the proprietor exercises the right conferred upon him by Articles 47 and 209.
Times 08-Dec-1992, [1992] ECR I-5335, C-191/90, [1992] EUECJ C-191/90
Bailii
Patents Act 1977 46
European
Cited by:
Cited – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .

Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.160508

Roman Angonese v Cassa di Risparmio di Bolzano SpA: ECJ 6 Jun 2000

Europa Under the preliminary ruling procedure provided for by Article 177 of the Treaty (now, after amendment, Article 234 EC), it is for the national courts alone, which are seised of a case and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling in order to enable them to give judgment and the relevance of the questions which they refer to the Court. A request for a preliminary ruling from a national court may be rejected only if it is quite obvious that the interpretation of Community law sought by that court bears no relation to the actual nature of the case or the subject-matter of the main action.
The prohibition of discrimination on grounds of nationality laid down in Article 48 of the Treaty (now, after amendment Article 39 EC), which is drafted in general terms and is not specifically addressed to the Member States, also applies to conditions of employment fixed by private persons.
Article 48 of the EC Treaty (now, after amendment, Article 39 EC) precludes an employer from requiring persons applying to take part in a recruitment competition to provide evidence of their linguistic knowledge exclusively by means of one particular diploma issued only in one particular province of a Member State. That requirement puts nationals of the other Member States at a disadvantage, since persons not resident in that province have little chance of acquiring the diploma, a certificate of bilingualism, and it will be difficult, or even impossible, for them to gain access to the employment in question. The requirement is not justified by any objective factors unrelated to the nationality of the persons concerned and in proportion to the aim legitimately pursued. In that regard, even though requiring an applicant for a post to have a certain level of linguistic knowledge may be legitimate and possession of a diploma such as the certificate may constitute a criterion for assessing that knowledge, the fact that it is impossible to submit proof of the required linguistic knowledge by any other means, in particular by equivalent qualifications obtained in other Member States, must be considered disproportionate in relation to the aim in view. Therefore, the requirement constitutes discrimination on grounds of nationality contrary to Article 48 of the Treaty.
C-281/98, [2000] ECR I-4139, [2000] EUECJ C-281/98
Bailii
European
Cited by:
Cited – Viking Line Abp v International Transport Workers’ Federation and Another ComC 16-Jun-2005
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a . .
Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2021; Ref: scu.162454

Estee Lauder Cosmetics GmbH and Co OHG v Lancaster Group GmbH: ECJ 13 Jan 2000

Europa Approximation of laws – Cosmetic products – Packaging and labelling – Directive 76/768 – Measures to prevent advertising attributing to cosmetic products characteristics which they do not possess – Ban on the importing or marketing of a cosmetic product whose name includes the term `lifting’ – Whether permissible – Condition – Whether such a name is misleading – To be assessed by the national courts (EC Treaty, Arts 30 and 36 (now, after amendment, Arts 28 EC and 30 EC); Council Directive 76/768, Art. 6(3))

‘It should be borne in mind that when it has fallen to the court, in the context of the interpretation of Directive 84/450, to weigh the risk of misleading consumers against the requirements of the free movement of goods, it has held that, in order to determine whether a particular description, trade mark or promotional description or statement is misleading, it is necessary to take into account the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect (see, in particular, Gut Springenheide GmbH v Oberkreisdirektor des Kreises Steinfurt-Amt fur Lebensmittel-Uberwachung Case C-210/96 [1998] ECR1-4657 (para. 31)).’
C-220/98, [2000] IPandT 380, [2000] EUECJ C-220/98
Bailii
European
Cited by:
Cited – British Airways Plc v Ryanair Limited ChD 25-Oct-2000
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood.
Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.162421

Commission v NALOO and others (Order): ECJ 17 Jul 2001

Europa ECSC Treaty – Rejection of a complaint alleging discriminatory pricing and abusive royalties – Powers of the Commission – Judgment of the Court of First Instance annulling a decision to reject a complaint – Steps necessary to comply with a judgment annulling a decision to reject a complaint – Suspension of operation of a judgment of the Court of First Instance – Urgency.
[2003] EUECJ C-180/01P, C-180/01
Bailii
European

Updated: 20 August 2021; Ref: scu.162814

Tate and Lyle plc and Others v Commission of the European Communities: ECJ 12 Jul 2001

Where there had been a meeting between competing companies, and where the purpose of the meeting was anti-competitive, the unilateral disclosure by only one company of its pricing plans did not mean that there could be no question of an agreement or concerted practice under Art 85. The presence at the meeting with an anti-competitive purpose eliminated advance uncertainty about the future behaviour of its competitors, and the company would use other information it itself gained in order to determine its own future plans.
Times 03-Sep-2001, T-204/98, T-207/98, T-202/98
EC Treaty Art 81 (formerly art 85)
European

Updated: 20 August 2021; Ref: scu.162931

Hendrik van der Woude v Stichting Beatrixoord: ECJ 21 Sep 2000

Competition – Community rules – Matters covered – Collective agreements in pursuit of social policy objectives – Collective agreement concerning sickness insurance and requiring an employer to pay employer contributions only to the insurers selected under that agreement – Sickness insurance business subcontracted to insurers – Not covered.
The court recognised the primacy of the social rights over the prohibition concerning competition rules under Title VI.
C-222/98, [2000] ECR I-7129, [2000] EUECJ C-222/98
Bailii
European
Cited by:
Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 August 2021; Ref: scu.162422

Total Marketing Services v Commission: ECJ 17 Sep 2015

ECJ Judgment – Appeals – Competition – Paraffin waxes market – Slack wax market – Duration of participation in an unlawful cartel – Cessation of the participation – Interruption of the participation – Absence of collusive contact established during a certain period of time – Continuation of the infringement – Burden of proof – Public distancing – Perception of the other participants in the cartel of the company’s intention to distance itself – Obligation to state reasons – Principles of the presumption of innocence, equal treatment, effective judicial protection and that penalties must be specific
C-634/13, [2015] EUECJ C-634/13
Bailii
European

Updated: 07 August 2021; Ref: scu.552682

Total v Commission: ECJ 17 Sep 2015

ECJ Judgment – Appeals – Competition – Agreements, decisions and concerted practices – Paraffin waxes market – Slack wax market – Infringement committed by a subsidiary wholly owned by the parent company – Presumption of decisive influence exercised by the parent company over its subsidiary – Liability of the parent company arising solely from the unlawful conduct of its subsidiary – Judgment reducing the fine imposed on the subsidiary – Effects on the legal situation of the parent company
C-597/13, [2015] EUECJ C-597/13, ECLI:EU:C:2015:613
Bailii
European

Updated: 07 August 2021; Ref: scu.552683

Konkurrensverket v TeliaSonera AB: ECJ 2 Sep 2010

Europa Reference for a preliminary ruling – Competition – Article 102 TFEU (formerly Article 82 EC) – Margin squeeze – Regulatory obligation to supply input – Indispensability of input.
C-52/09, [2010] EUECJ C-52/09 – O
Bailii
European
Cited by:
Opinion – Konkurrensverket v TeliaSonera AB ECJ 17-Feb-2011
Preliminary ruling – Article 102 TFEU – Abuse of dominant position – Prices applied by telecommunications operator – ADSL input services – Broadband connection services to end users – Margin squeeze on competitors . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.421766

Konkurrensverket v TeliaSonera AB: ECJ 17 Feb 2011

Preliminary ruling – Article 102 TFEU – Abuse of dominant position – Prices applied by telecommunications operator – ADSL input services – Broadband connection services to end users – Margin squeeze on competitors
[2011] EUECJ C-52/09, ECLI:EU:C:2011:83
Bailii
European
Citing:
Opinion – Konkurrensverket v TeliaSonera AB ECJ 2-Sep-2010
Europa Reference for a preliminary ruling – Competition – Article 102 TFEU (formerly Article 82 EC) – Margin squeeze – Regulatory obligation to supply input – Indispensability of input. . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.666493

Pfleiderer AG v Bundeskartellamt (Competition): ECJ 16 Dec 2010

ECJ Competition – Cartel – Civil action for damages – Request for access to leniency application and related information and documents voluntarily provided by a leniency applicant to a national competition authority – Possible negative effects on the functioning of the European Competition Network (ECN) and the public enforcement of competition law.
C-360/09, [2010] EUECJ C-360/09 – O, [2011] EUECJ C-360/09
Bailii, Bailii
European

Updated: 01 August 2021; Ref: scu.427333

Germany v Commission T-143/12: ECFI 14 Jul 2016

ECJ (Judgment) State aid – Postal sector – Financing of additional costs on labor and social part of the staff of Deutsche Post through grants and revenue from the compensation rate regulated services – Decision declaring the aid incompatible with the internal market – Concept of advantage – Off ‘COMBUS – Demonstration of the existence of a selective advantage and economic – Absence
ECLI:EU:T:2016:406, [2016] EUECJ T-143/12
Bailii
European

Updated: 30 July 2021; Ref: scu.566897

Comitato – Venezia Vuole Vivere v Commission (State Aid): ECJ 9 Jun 2011

Appeals – Actions for annulment – Admissibility – Locus standi – Interest in bringing an action – Objection of lis alibi pendens – State aid – Multisectoral aid scheme – Reductions in social security contributions – Decision 2000/394/EC – Compensatory nature – Whether intra-Community trade affected – Impact on competition – Extent of control – Burden of proof – Duty to state reasons – Article 87(2)(b) and (3)(b) to (d) EC – Regulation (EC) No 659/1999 – Articles 14 and 15
[2011] EUECJ C-73/09
Bailii
European
Citing:
See Also – Comitato – Venezia Vuole Vivere v Commission (State Aid) ECJ 16-Dec-2010
Appeal – Article 87 EC – multisectoral aid scheme – reductions in social charges in favor of undertakings established in the territory of Venice and Chioggia – decision declaring the aid incompatible with the common market and ordering the recovery . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2021; Ref: scu.666174

Comitato – Venezia Vuole Vivere v Commission (State Aid): ECJ 16 Dec 2010

Appeal – Article 87 EC – multisectoral aid scheme – reductions in social charges in favor of undertakings established in the territory of Venice and Chioggia – decision declaring the aid incompatible with the common market and ordering the recovery of the aid paid – admissibility – lis pendens – standing – individual affectation – organization of professional associations – interest in bringing proceedings – Article 87 (1) EC – concept of State aid – advantage – measure compensating for structural disadvantages – effect on intra-Community trade and impact on competition – scope of the control of a multisectoral aid scheme – procedural obligations – obligation to state reasons – compatibility with the common market – Article 87 (3) (c) – Article 87 (3),under d) – Regulation No 659/1999 – Article 14 – classification as new aid or existing aid – Article 15 – principles of legal certainty, protection of legitimate expectations, equal treatment and proportionality
C-73/09, [2010] EUECJ C-73/09
Bailii
European
Cited by:
See Also – Comitato – Venezia Vuole Vivere v Commission (State Aid) ECJ 9-Jun-2011
Appeals – Actions for annulment – Admissibility – Locus standi – Interest in bringing an action – Objection of lis alibi pendens – State aid – Multisectoral aid scheme – Reductions in social security contributions – Decision 2000/394/EC – . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.427675

Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority: SC 16 May 2018

No Administrative Duty of Equal Treatment

Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties to secure settlements of alleged breaches of competition law. The appellants complained that another company had been given settlement agreements better than theirs.
Held: The appeal was allowed. The company had not requested the particular term offered to the other party. Domestic administrative law does not recognise a distinct principle of equal treatment. Consistency is a generally desirable objective, but not an absolute rule. The OFT applied a consistent set of legal and policy criteria. A legitimate expectation of equal treatment had been created, but said nothing as to the legal consequences of such an expectation.
Lord Mance, Deputy President, Lord Sumption, Lord Carnwath, Lord Hodge, Lord Briggs
[2018] UKSC 25, [2018] WLR(D) 300, UKSC 2016/0185, [2019] AC 96, [2018] 4 All ER 183, [2018] 5 CMLR 2, [2018] 2 WLR 1583, [2018] Bus LR 1313
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Vid Simmary, SC Vid 2018 Mar 13 am, SC Vid 2018 Mar pm, SC Vid 2018 Mar 19 am
Competition Act 1998 2(1) 31
England and Wales
Citing:
Appeal from – Gallaher Group Ltd and Another v Competition and Markets Authority CA 15-Jul-2016
Restriction or distortion of competition . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others ECJ 14-Sep-1999
Wood Pulp II
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
Cited – The Office of Fair Trading v Somerfield Stores Ltd and Another CA 7-Apr-2014
The court was asked whether the Competition Appeal Tribunal was right to find that there were ‘exceptional circumstances’ justifying an extension of time for appealing a decision of the Appellant, the Office of Fair Trading. The court held that . .
Cited – Middlebrook Mushrooms Ltd, Regina (on the Application of) v Agricultural Wages Board of England and Wales Admn 18-Jun-2004
The company complained that whereas the generality of employers in agriculture were exempt from control under the minimum wage system, mushroom growers had not been exempted.
Held: The withdrawal of the exemption was irrational and . .
Cited – Crest Nicholson Plc v Office of Fair Trading Admn 24-Jul-2009
The company challenged as unfair its treatment by the respondent in imposing fines for anti-competive behaviour. The claimant was successor of the company who had misbehaved, but the claimant no longer operated in the area and had no employees from . .
Cited – Regina v Commissioners of Inland Revenue, ex parte Unilever plc CA 1996
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .
Cited – Regina v The National Lottery Commission ex parte Camelot Group Plc Admn 21-Sep-2000
The Commission had considered bids tendered in open competition to run The National Lottery. Neither of the two candidates who entered bids was considered to have satisfied all the criteria necessary to be given the relevant licence. The Commission . .
Cited – Kone Bv v European Commission ECJ 24-Oct-2013
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for the installation and maintenance of elevators and escalators – Fines – Notice on immunity from fines and reduction of fines in . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – The United Policyholders Group and Others v The Attorney General of Trinidad and Tobago PC 28-Jun-2016
(Trinidad and Tobago) The appellants, all residents of Trinidad and Tobago, held life policies issued by the Colonial Life Insurance Company (CLICO). Their claim arose out of the banking crisis in early 2009 when CLICO was in serious financial . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.615570

The Office of Fair Trading v Somerfield Stores Ltd and Another: CA 7 Apr 2014

The court was asked whether the Competition Appeal Tribunal was right to find that there were ‘exceptional circumstances’ justifying an extension of time for appealing a decision of the Appellant, the Office of Fair Trading. The court held that there were no exceptional circumstances.
Laws, Patten, Vos LJJ
[2014] EWCA Civ 400
Bailii
England and Wales
Cited by:
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.523551

Kone Bv v European Commission: ECJ 24 Oct 2013

ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for the installation and maintenance of elevators and escalators – Fines – Notice on immunity from fines and reduction of fines in cartel cases – Effective judicial remedy
[2014] 4 CMLR 10, [2013] EUECJ C-510/11
Bailii
European
Cited by:
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.516984

Crest Nicholson Plc v Office of Fair Trading: Admn 24 Jul 2009

The company challenged as unfair its treatment by the respondent in imposing fines for anti-competive behaviour. The claimant was successor of the company who had misbehaved, but the claimant no longer operated in the area and had no employees from that era. It said that the respondent had resiled on a leniency agreement as to its treatment. The respondent had investigated systems of co-ordinated cover pricing in quotations for public works, and found that the volume of material was too large to process properly. It made a fast track offer intended to result in a reduced penalty.
Held: The OFT had acted unfairly in not acknowledging the difference in the position of the claimant Seeking ‘blind admissions to what are said to be infringements of the law is in breach of the principle of fairness.’ ‘Undertaking’ in competition law is an economic concept which is not equivalent to a traditional corporate entity. An undertaking may include a group of companies so long as that group of companies acts as a single economic unit.
‘the OFT must comply with the principle of equal treatment in all steps leading up to the imposition of a penalty’
Cranston J
[2009] EWHC 1875 (Admin)
Bailii
Competition Act 1998 (Office of Fair Trading’s Rules) Order 2004, Competition Act 1998
England and Wales
Citing:
Cited – Akzo Nobel and Others v Commission (Competition) ECFI 12-Dec-2007
ECJ Competition Cartels in the vitamin products sector Choline chloride (Vitamin B4) Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area Attributability . .
Cited – Itochu v Commission (Competition) ECFI 30-Apr-2009
ECJ Competition Agreements, decisions and concerted practices – Market for video games consoles and games cartridges compatible with Nintendo games consoles – Decision finding an infringement of Article 81 EC – . .
Cited – Office of Communications and Another v Floe Telecom Ltd CA 15-Jun-2006
The Competition Appeal Tribunal had remitted a matter to the Office of Fair Trading and had set a time limit for the Commisioner to complete his investigation. The Office appealed.
Held: It was not within the CAT’s power, under either the . .
Cited – Automec SRL v Commission ECFI 18-Sep-1992
Europa Among the civil-law consequences which an infringement of the prohibition laid down in Article 85(1) of the Treaty may have, only one is expressly provided for in Article 85(2), namely the nullity of the . .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .

Cited by:
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.361461

Gallaher Group Ltd and Another v Competition and Markets Authority: CA 15 Jul 2016

Restriction or distortion of competition
Lord Dyson MR, Longmore, Lloyd Jones LJJ
[2016] EWCA Civ 719, [2016] Bus LR 1200, [2016] WLR(D) 394
Bailii, WLRD
England and Wales
Cited by:
Appeal from – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading (‘OFT’) to those subject to investigation under the Competition Act 1998 . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 July 2021; Ref: scu.567071

Commission v Printeos (Appeal – Competition – Judgment): ECJ 20 Jan 2021

Appeal – Competition – Agreements, decisions and concerted practices – Decision finding infringement of Article 101 TFEU – Fines – Annulment – Repayment of the principal amount of the fine – Article 266 TFEU – Default interest – Distinction between default interest and compensatory interest – Calculation of interest – Article 90(4)(a), second sentence, of Delegated Regulation (EU) No 1268/2012
C-301/19, [2021] EUECJ C-301/19P
Bailii
European

Updated: 22 July 2021; Ref: scu.663922

Viscas v Commission (Competition – European Market for Underground and Submarine Power Cables – Judgment): ECJ 19 Dec 2019

Appeal – Competition – Agreements, decisions and concerted practices – European market for underground and submarine power cables – Market allocation in connection with projects – Fines – 2006 Guidelines on the method of setting fines – Determining the relative weight of the European and non-European members in the cartel – Participation of European undertakings in the cartel at several levels – Principle of equal treatment
ECLI:EU:C:2019:1133, [2019] EUECJ C-582/18P
Bailii
European

Updated: 21 July 2021; Ref: scu.665536

Emerald Supplies Ltd and Another v British Airways Plc: CA 18 Nov 2010

Mummery, Toulson, Rimer LLJ
[2010] EWCA Civ 1284, [2011] 2 WLR 203, [2011] CP Rep 14, [2011] UKCLR 20, [2011] Ch 345
Bailii
Civil Procedure Rules 19.6
England and Wales
Citing:
See Also – Emerald Supplies Ltd and Another v British Airways Plc ChD 8-Apr-2009
The claim was for damages after alleged price fixing by the defendants. The claimants sought to recover for themselves and as representatives of others who had similarly suffered. The defendants sought that the representative element of the claim be . .

Cited by:
Cited – Emerald Supplies Ltd and Others v British Airways Plc and Others (3514) ChD 28-Oct-2014
Two applications in this action: 1) The Defendants’ application for the striking out and/or summary dismissal of the Claimants’ claims in the torts of unlawful means conspiracy and unlawful interference; and 2) The Claimants’ application for two . .
See Also – Emerald Supplies Ltd and Others v British Airways Plc and (3513) ChD 28-Oct-2014
A hearing of an Application whereby the Claimants requested the Court to review (with such judicial assistance as might be necessary) the appropriateness / lawfulness of the redactions made by the Defendant airline (‘BA’) and other airlines to the . .
See Also – Emerald Supplies Ltd v British Airways ChD 22-Jul-2015
The judge was hearing a very substantial action between the parties. He had recently travelled to Italy and came back on one of the defendant’s aircraft. The defendant lost the luggage of all passengers and had failed to deal adequately or at all . .
See Also – Air Canada and Others v Emerald Supplies Limited and Others CA 14-Oct-2015
Appeal against case management directions given by Peter Smith J. . .

These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.426034

SKW Stahl-Metallurgie and SKW Stahl-Metallurgie Holding v Commission: ECJ 16 Jun 2016

ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – Article 81 EC – Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area – Price fixing, market sharing and exchange of information – Regulation (EC) No 773/2004 – Articles 12 and 14 – Right to be heard – In camera hearing
[2016] EUECJ C-154/14, ECLI:EU:C:2016:445
Bailii
European

Updated: 14 July 2021; Ref: scu.565634

Allianz Hungaria Biztosito Zrt v Gazdasagi Versenyhivatal: ECJ 14 Mar 2013

ECJ Competition – Article 101(1) TFEU – Application of similar national regulations – Jurisdiction of the Court – Bilateral agreements between an insurance company and car repairers relating to hourly repair charges – Charges paid depending on the number of insurance contracts concluded for the insurance company by those repairers in their capacity as brokers – Concept of ‘agreement having as its object the restriction of competition’
C-32/11, [2013] EUECJ C-32/11
Bailii
European

Updated: 09 July 2021; Ref: scu.471899

Dole Germany OHG v European Commission: ECFI 14 Mar 2013

ECFI Competition – Agreements, decisions and concerted practices – Market in bananas – Decision finding an infringement of Article 81 EC – Concept of a concerted practice having an anti-competitive object – Information exchange system – Obligation to state the reasons on which the decision is based – Rights of the defence – Guidelines on the method of setting fines – Gravity of the infringement
T-588/08, [2013] EUECJ T-588/08
Bailii
Article 81 EC
European

Updated: 09 July 2021; Ref: scu.471901

Morris and others v Rayners Enterprises Incorporated and Another: HL 30 Oct 1997

A deposit at a bank which had been given in charge to the bank to secure the liabilities of a third party was not a mutual arrangement, and therefore there no statutory set off applied, and the funds could be reclaimed.
Lord Goff of Chieveley, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton
Gazette 01-Apr-1998, Times 13-Nov-1997, [1997] UKHL 44, [1998] Lloyd’s Rep 48, [1998] 1 AC 214, [1998] 1 BCLC 68, [1997] BCC 965, [1998] BPIR 211, [1997] 4 All ER 568, [1997] 3 WLR 909
House of Lords, Bailii
Insolvency Rules 1986 (1986 No 1925)
England and Wales

Updated: 24 June 2021; Ref: scu.158919

Innolux v Commission: ECJ 9 Jul 2015

ECJ Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of the value of sales to which the infringement relates – Internal sales of the goods concerned outside the EEA – Inclusion of sales to third parties in the EEA of finished products incorporating the goods concerned
M. Ilesic, P
C-231/14, [2015] EUECJ C-231/14, ECLI:EU:C:2015:451
Bailii
European

Updated: 22 June 2021; Ref: scu.550002

Glencore Grain Ltd v Agros Trading Co Ltd; Agros Trading Co Ltd v Glencore Grain Ltd: CA 1 Jul 1999

Even though a debt under commercial washout agreements between the parties was acknowledged, it was not enforceable in the context of unrelated arbitration awards between the parties. The non-payment of the washout agreement invoices created a dispute which had to be dealt with under GAFTA form 64 clause 11.
Times 12-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1731, [1999] 2 All ER 288
Arbitration Act 1950
England and Wales
Cited by:
Cited – Benford Ltd and Another v Lopecan Sl QBD 30-Jul-2004
The parties disputed the coverage agreed under a distribution agreement.
Held: ‘The counterclaim operated as a defence by way of set off. In order to establish that defence the defendant will have to prove the losses pleaded . . . Until the . .

These lists may be incomplete.
Updated: 14 June 2021; Ref: scu.146646

J Varney and Sons Waste Management Ltd. v Hertfordshire County Council: CA 21 Jun 2011

The claimant appealed against rejection of its claim for damages after alleging breach by the respondents of the 2006 Regulations.
Rix, Hooper, Stanley Burnton LJJ
[2011] EWCA Civ 708, [2011] 3 CMLR 35, [2011] BLGR 770, [2012] PTSR 670
Bailii
Public Contracts Regulations 2006 47(6)
England and Wales

Updated: 09 June 2021; Ref: scu.441051

English Welsh and Scottish Railway Ltd v Enron Coal Services Ltd: CA 1 Jul 2009

The court considered its powers and those of the Competition Appeal Tribunal where the regulator had found an infringement and the party sought damages as a result of the infringement.
Lord Justice Carnwath, Lord Justice Jacob and Lord Justice Patten
[2009] EWCA Civ 647, Times 21-Jul-2009, [2010] Bus LR 28, [2009] UKCLR 816
Bailii
Competition Act 1998 46
England and Wales

Updated: 09 June 2021; Ref: scu.347422

Roquette Freres Sa v Commission (Competition) French Text: ECFI 27 Sep 2006

ECJ Competition – Agreements, decisions and concerted practices – Sodium gluconate – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principle of proportionality – Equal treatment – Ne bis in idem principle
T-322/01, [2006] EUECJ T-322/01, [2006] EUECJ T-322/01
Bailii, Bailii

Updated: 31 January 2021; Ref: scu.245152