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
CitedKledingverkoopbedrijf 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 . .
CitedVan 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 . .
CitedEtablissements 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 . .
CitedBelgische 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 . .
CitedCriminal 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 . .
CitedAhmed 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 . .
CitedStergios 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 . .
CitedCourage 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 . .
CitedAmministrazione 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 . .
CitedToshiba 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 . .
CitedO’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