Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher: ComC 20 Dec 1996

ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal Authority’s claim for royalties alleging breaches of article 4 was struck out because the matters complained of had been the subject of a previous decision by the Commission – the question as to whether articles 4(b) and (c) were of direct effect so as to permit Banks to litigate them in this court would have had to be referred to the European Court if it had been necessary to decide this point – Banks’ claim for damages against Secretary of State was not sustainable in any event.


Tuckey J


[1997] Eu LR 610


See AlsoH J Banks and Co Ltd and Others v British Coal Corporation QBD 10-Aug-1994
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made. . .
At ECJH J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .

Cited by:

CitedHJ Banks and Co Ltd v The Coal Authority and Secretary of State for Trade and Industry ECJ 20-Sep-2001
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .
CitedInntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 12 April 2022; Ref: scu.186611