swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Commercial - From: 1999 To: 1999
This page lists 19 cases, and was prepared on 20 May 2019.
Regina v Secretary of State for Home Department ex parte Car and Medical Instrument Company Limited [1999] EWHC Admin 52
22 Jan 1999
Admn
European, Commercial
Competetive tendering.
[ Bailii ]
Motis Exports Ltd v Dampskibsselskabet Af 1912, Aktieselskab and Another Times, 31 March 1999; [1999] 1 Lloyds Rep 837; [1999] CLC 914; [1999] 1 All ER (Comm) 571
1 Mar 1999
ComC
Commercial, Transport
Where goods were supposed only to be handed over by a shipper on receipt of a valid bill of lading, but were instead handed over for fraudulent bill, the shipper remained liable to the owners.
ComC Defendant shipowners issued delivery orders in respect of goods stored on land after discharge from the ship, against presentation of forged bills of lading. Held: That the shipowners were liable to the time owners of the cargo even on the assumption that they were not negligent in being deceived by the forgeries, and despite a bill of lading clause which exempted them from any "liability whatsoever for any loss or damage to the goods which links actual or constructive possession ..... after discharge". Held also, that there would be no defence in contract or conversion based on the non-negligent acceptance of forged bills of lading as being genuine.
1 Citers
Consorzio per la tutela del formaggio Gorgonzola v Kaserei Champignon Hofmeister GmbH and Co KG C-87/97; [1999] ECR I-1301
4 Mar 1999
ECJ
European, Commercial, Intellectual Property
Upon the registration of a PDO ('protected designation of origin') national rules ceased to apply and "only the legal rules laid down in the Regulation are, together with the Treaty rules, relevant for the purpose of answering the questions referred about the scope of the protection of the PDO. The protection of the PDO is now guaranteed by Community law.
1 Citers
Cockerill-Sambre v Commission T-138/94; [1999] EUECJ T-138/94
11 Mar 1999
ECFI
C.W. Bellamy
European, Commercial
ECFI 1 The fact that an undertaking which has been proved to have participated in collusion on prices with its competitors did not behave on the market in the manner agreed with its competitors is not necessarily a matter which must be taken into account as a mitigating circumstance when determining the amount of the fine to be imposed. An undertaking which, despite colluding with its competitors, follows a more or less independent policy on the market may simply be trying to exploit the cartel for its own benefit.
2 A reduction in the amount of the fine on grounds of cooperation during the administrative procedure is justified only if the conduct enabled the Commission to establish an infringement more easily and, where relevant, to bring it to an end.
3 By its nature, the fixing of a fine by the Court of First Instance in the exercise of its unlimited jurisdiction is not an arithmetically precise operation. Moreover, the Court is not bound by the Commission's calculations, but must carry out its own assessment, taking all the circumstances of the case into account.
[ Bailii ]
Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd [1999] EWCA Civ 1501
27 May 1999
CA
Lord Justice Schiemann Lord Justice Mance Lord Justice Morritt
Commercial, Contract, European
The court considered the validity of beer ties affecting public houses.
1 Cites
1 Citers
[ Bailii ]
Swiss China Time Ltd v Benetton International NV C-126/97; [1999] EUECJ C-126/97; [1999] ECR 1-3055
1 Jun 1999
ECJ
European, Commercial
ECJ Competition - Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) - Power of national courts to annul arbitration awards.
"Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning of the internal market."
EC Treaty 81
1 Citers
[ Bailii ]
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 Gazette, 27 June 1999; Times, 14 June 1999; [1999] EWCA Civ 1500; [2001] 3 WLR 1646; [1999] EuLR 834
14 Jun 1999
CA
Commercial, Contract, European
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.
EC Treaty Art 81
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Shanshal v Al-Kishtaini Times, 16 June 1999
16 Jun 1999
QBD
Commercial
The rules preventing any trading activity with residents of Iraq ceased to apply where the person was so resident when the ban came into force but later left. A party could not rely upon the prohibition to make his contract illegal in these circumstances.
Control of Gold, Securities, Payments and Credits (Republic of Iraq) Directions 1990 (1990 No 1616)
Glencore Grain Ltd v Agros Trading Co Ltd; Agros Trading Co Ltd v Glencore Grain Ltd Times, 12 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1731; [1999] 2 All ER 288
1 Jul 1999
CA
Commercial, Arbitration
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.
Arbitration Act 1950
1 Citers
[ Bailii ]
Montecatini SPA v Commission C-235/92; [1999] ECR 1-4539; [1999] EUECJ C-235/92P; [1999] ECR I-4539
8 Jul 1999
ECJ
European, Commercial
Breach of competition laws leading to substantial financial penalties are regarded by the European Court as criminal rather than civil in nature.
Europa College of Members of the Commission - Competition rules applicable to undertakings - Concepts of agreement and concerted practice - Limitation rules - Fine.
1 Citers
[ Bailii ]
Byrne v Inntrepreneur Beer Supply Co Ltd (Formerly Known As Courage Ltd) [1999] EWCA Civ 1865
16 Jul 1999
CA
European, Commercial
[ Bailii ]
The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited; RPC 28-Jul-1999 - Times, 18 August 1999; [2000] EMLR 78
Becu and others C-22/98 [1999] EUECJ C-22/98
16 Sep 1999
ECJ
Employment, Commercial
(Judgment) Competition - National legislation allowing only 'recognised dockers' to perform certain dock duties - Meaning of 'undertaking' - Special or exclusive rights
[ Bailii ]
Brentjens Handelsonderneming v Stichting Bedrijfspensioenfonds voor de Handel in Bouwmaterialen C-116/97; [1999] EUECJ C-116/97
21 Sep 1999
ECJ
Commercial
ECJ (Competition) Compulsory affiliation to a sectoral pension scheme - Compatibility with competition rules - Classification of a sectoral pension fund as an undertaking
[ Bailii ]
Brentjens Handelsonderneming C-117/97; [1999] EUECJ C-117/97
21 Sep 1999
ECJ
Commercial
(Competition)
[ Bailii ]
Ed Sri v Italo Fenocchio Case C-412-97 Ecj/Cfi Bulletin 18/99, 3 Gazette, 06 October 1999
6 Oct 1999
ECJ
Commercial, European
Where a seller of goods wished to pursue a debtor in another member state who defaulted, it was not in improper interference with the free movement of goods to make unavailable in a summary form an action which would require service of proceedings abroad.
ECTreaty Art 29
Irish Sugar v Commission T-228/97 [1999] ECR II-2969; [1999] EUECJ T-228/97
7 Oct 1999
ECFI
Commercial
Article 86 of the EC Treaty (now Article 82 EC) - Dominant position and joint dominant position - Abuse - Fine.
1 Citers
[ Bailii ]
Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5); HL 28-Oct-1999 - Times, 03 November 1999; Gazette, 10 November 1999; [1999] UKHL 44; [1999] 3 WLR 1062; [2000] Eu LR 40; [1999] 3 CMLR 597; [2000] 1 AC 524; [1999] 4 All ER 906
Thomson Holidays v Regina, Secretary Of State For Trade and Industry QBCOF 1999/0783/C
9 Dec 1999
CA
Commercial
Foreign Package Holidays (Tour Operators and Travel Agents) Order 1998 - Fair Trading Act 1973
