Courage Ltd v Crehan; The Inntrepreneur Beer Supply Co Ltd v Byrne; Same v Langton; Greenalls Management Ltd v Smith; Walker Cain Ltd v McCaughey: CA 14 Jun 1999

There is not to be read into a beer tie term any implied provision that the beer to be supplied under the term was to be supplied at any kind of advantageous price. A tenant seeking damages for failure to supply under such a term was not entitled to set of his claim against rent due. The claim for damages on the basis that the tie contravened the Treaty was referred to the European Court.

Citations:

Gazette 27-Jun-1999, Times 14-Jun-1999, [1999] EWCA Civ 1500, [2001] 3 WLR 1646, [1999] EuLR 834

Links:

Bailii

Statutes:

EC Treaty Art 81

Jurisdiction:

England and Wales

Citing:

See AlsoCrehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd CA 27-May-1999
The court considered the validity of beer ties affecting public houses. . .
Appeal fromCourage Limited v Crehan ChD 25-Nov-1998
. .

Cited by:

Appeal fromCourage Ltd and Crehan v Crehan and Courage Ltd and Others ECJ 20-Sep-2001
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the . .
See AlsoCrehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
See AlsoInntrepreneur 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: . .
See AlsoCourage Ltd v Crehan CA 12-Nov-2001
. .
See AlsoCrehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited ChD 26-Jun-2003
The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. . .
Lists of cited by and citing cases may be incomplete.

Commercial, Contract, European

Updated: 19 May 2022; Ref: scu.79562