The dominant position held by a Landlord for the provision of space for services and his imposition of a differential charge was insufficient to justify a claim of abuse of position. The provision of catering services to airlines at Heathrow Airport was of a local character necessitated by ‘the need for flexibility and the need for the food to be as fresh as possible’. The defendants had not shown even an arguable case that trade between Member States was affected to an appreciable extent. The trade’s local character was not affected by the fact that three customers were airlines incorporated in other Member States. The expression ‘Euro-defences’ must not be treated as a pejorative term.
Judges:
Lawrence Collins QC
Citations:
Gazette 11-Feb-1998, [1998] EuLR 98
Statutes:
Treaty of Rome 1957 Art 80 Art 90
Jurisdiction:
England and Wales
Landlord and Tenant, European
Updated: 05 August 2022; Ref: scu.81298