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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: 2003 To: 2003

This page lists 55 cases, and was prepared on 20 May 2019.

 
Alan Wilson and Co v Inverness Retail and Business Park Ltd and Co
15 Jan 2003
OHCS
Lord Eassie
Commercial

[ ScotC ]
 
Hammarsten (Judgment) C-462/01; [2003] EUECJ C-462/01
16 Jan 2003
ECJ

European, Commercial, Agriculture
Europa Common organisation of the markets in the flax and hemp sector - Articles 28 EC and 30 EC - National legislation prohibiting all cultivation and possession of hemp without prior authorisation.
[ Bailii ]
 
Hasbro UK Limited v Director General of Fair Trading 1010/1/1/03; [2003] CAT 1
24 Jan 2003
CAT

Commercial

[ CAT ]
 
Huktra (UK) Ltd v Huktra Nv [2003] EWCA Civ 607
29 Jan 2003
CA

Commercial, Company

[ Bailii ]
 
Tigana Ltd v Decoro Ltd [2003] ECC 23; [2003] EWHC 23 (QB); [2003] EuLR 189
3 Feb 2003
QBD
Mr Justice Davis
Agency, Commercial, Damages
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent's products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the agreement, but continued to trade successfully with parties introduced. The claimant sought compensation, and the defendant resisted the application of the Regulations. Held: The claimant's role had been envisaged to be one of introducing customers, not of managing the difficulties with the Fire Regulations. Regulation 8(a) is conjunctive and cumulative: the transaction is to be due to the agent's efforts during the agency and the transaction is within a reasonable period after the agency contract terminated. The regulations are intended to be flexible. In this case, nine months was a reasonable period. The entitlement under regulation 17 continues where a contract expired by effluxion. The court set out fourteen factors to be allowed for in calculating an award: "the "damage" suffered by a commercial agent as a result of the termination of the agency (Regulation 17 (6)) is – generally speaking (and breach of contract cases aside) - to be regarded as a putative loss and not simply (by common law standards) actual loss. This is shown by the exclusion of principles of mitigation and applicability of the compensation provisions to termination on death or retirement. Clearly one important element, as the recitals to the Directive show, is to avoid a principal being unjustly enriched by retaining for itself without payment the entirety of the benefit of goodwill to which the activities of the agent during the agency have contributed. But another element (which finds both reflection and emphasis in Regulation 17(7) (a)) is to compensate the agent for the loss of a beneficial agency contract. One can perhaps there see some analogy with redundancy payments in an employment context: although the analogy cannot be pushed too far, since the policy considerations behind redundancy payments for employees are rather different."
Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3173) 8 17
1 Cites

1 Citers

[ Bailii ]
 
Siemens/Sequa / Jv (Case No Comp/M.3084 - Mergers) [2003] ECComm 4
28 Feb 2003
ECMM

European, Utilities, Commercial

[ Worldlii ]
 
Hasbro UK Limited v Director General of Fair Trading [2003] CAT 2; 1010/1/1/03
5 Mar 2003
CAT

Commercial

[ CAT ]
 
Claymore Dairies Limited and Arla Foods UK PLC v Office of Fair Trading 1008/2/1/02; [2003] CAT 3
18 Mar 2003
CAT

Commercial
Judgment on admissibility.
[ CAT ]
 
Aquavitae (UK) Limited v Director General of Water Services 1012/2/3/03; [2003] CAT 4
21 Mar 2003
CAT

Commercial
Judgment (disclosure of documents).
[ CAT ]
 
Adm/Pura (Case No Comp/M.3044 - Mergers) [2003] ECComm 12
3 Apr 2003
ECMM

Commercial

[ Worldlii ]
 
BaByliss v Commission T-114/02; [2003] EUECJ T-114/02
3 Apr 2003
ECFI

Commercial
(Judgment) Competition - Admissibility.
[ Bailii ]
 
Arkin v Borchard Lines Ltd and others [2003] EWHC 687 (Comm); [2000] EuLR 232; [2003] 2 Lloyd's Law Reports 225
10 Apr 2003
ComC
Colman J
European, Commercial, Transport, Limitation
The Claimant sought damages for breach of the Rome Treaty Articles 82 and 81. His shipping company had faced organised anti-competitive attempts by the respondents to put him out of business. Held: A cause of action for breach of a statutory duty first arises when the breach causes damage to the claimant: "In this connection it is important to recognise that there are different ways in which such a breach may cause damage. Thus, an isolated event amounting to such a breach may cause a chain of damage development commencing when the effects of the breach first affect the claimant, and those [effects] may continue for a long period of time. If that period commences prior to the cut-off date for the purposes of the period of limitation, the claim will prima facie be time-barred notwithstanding that the effects of the breach may continue beyond that date. The position is similar to a claim in tort for negligence. By contrast, there may be a continuing or repeated breach of statutory duty, over an extended period, such as an unlawful emission of toxic fumes which continues to affect and injure those exposed to it over the whole period of that breach. In such a case, if the limitation cut-off date occurs during the period, the claimant's cause of action for the damage suffered after the date in question will not be time-barred." Colman J concluded that the case before him fell into the latter category.
Limitation Act 1980
1 Cites

1 Citers

[ Bailii ]
 
Davis Turner and Co Ltd v Granville Oil and Chemicals Ltd [2003] EWCA Civ 570; [2003] 1All ER (Comm) 819; [2003] 2 Lloyd's Rep 356
15 Apr 2003
CA
Lord Justice Potter Lord Justice Tuckey Mr Justice Hart
Contract, Commercial
The time bar provision, now found in cl. 28(B) of BIFA, satisfied the requirements of reasonableness under UCTA.
Unfair Contract Terms Act 1977
1 Citers

[ Bailii ]
 
Freeserve.com PLC v Director General of Telecommunications [2003] CAT 6; 1007/2/3/02
16 Apr 2003
CAT

Commercial, Costs
Transcript of judgment on costs.
[ CAT ]
 
Freeserve.com PLC v Director General of Telecommunications 1007/2/3/02; [2003] CAT 5
16 Apr 2003
CAT

Commercial
Final judgment.
1 Citers

[ CAT ]
 
Allan Campbell Trading As Campbell Associates v the Firm of Ferguson, Macsween and Stewart and others [2003] ScotCS 118
24 Apr 2003
OHCS
Lord Clarke
Commercial

[ Bailii ]
 
Hoult and Another v Turpie [2003] ScotCS 124
29 Apr 2003
ScS
Lord Drummond Young
Scotland, Commercial
Lord Drummond Young said that the principle of mutuality has generally been given a wide scope in Scots law. It is derived from the exceptio non adimpleti contractus. The requirement that the obligations should be counterparts of each other should not be used in an artificial manner which breaks up the essential unity of a contract. He cautioned against overuse of the mutuality rule as a means of controlling the right of retention lest it swamp the principle that contracts must be duly performed. The most satisfactory means of control was the rule that, before a party is entitled to withhold performance, the other must be in material breach of contract.
1 Citers

[ Bailii ] - [ ScotC ]
 
Genzyme Limited v Office of Fair Trading 1013/1/1/03(IR); [2003] CAT 7
1 May 2003
CAT

Commercial
Decision (confidentiality)
[ CAT ]
 
Roche Products Ltd and others v Provimi Ltd [2003] EWHC 961 (Comm)
2 May 2003
ComC

European, Commercial

[ Bailii ]
 
Genzyme Limited v Office of Fair Trading 1013/1/1/03(IR); [2003] CAT 8
6 May 2003


Commercial
Judgment (interim relief)
[ CAT ]
 
Belgium and Forum 187 v Commission C-182/03; [2006] EUECJ C-182/03; [2006] ECR I-5479; ECLI:EU:C:2006:416
26 Jun 2003
ECJ
Leger AG
Commercial
(Opinion)
[ Bailii ]
 
Bernard Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited [2003] EWHC 1510 (Ch); Gazette, 10 July 2003; Times, 13 August 2003; Gazette, 04 September 2003; [2003] EuLR 663
26 Jun 2003
ChD
The Hon Mr Justice Park
Landlord and Tenant, Commercial, European
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. Held: The UK market in beer did not operate to exclude competition from those who wished to enter the market or increase their market share, and so the claim failed the first test set by the European Court. The fact that the comeptition within the UK between suppliers was vigorous did not however determine the issue where the proportion of tied houses was so high as to prevent newcomers getting a foothold in the market..
EC Treaty 81
1 Cites

1 Citers

[ Bailii ]

 
 Scottish and Newcastle /HP Bulmer (Case No Comp/M.3182 - Mergers); ECMM 30-Jun-2003 - [2003] ECComm 36
 
Po/Yamaha (Comp/37.975 - Antitrust) [2003] ECComm 45
16 Jul 2003
ECMM

Company, Commercial

[ Worldlii ]
 
T-Mobile Deutschland/O2 Germany: Network Sharing Rahmenvertrag [2003] ECComm 46
16 Jul 2003
ECMM

Commercial
Comp/38.369 - Antitrust
[ Worldlii ]
 
Compensation Specialists Limited, Corry, Wright, Chapman v Compensation Claims Service Limited [2003] EWCA Civ 1108; Gazette, 02 October 2003
24 Jul 2003
CA
Lord Justice Brooke Mr Justice Holman Lord Justice Jonathan Parker
Contract, Commercial, Legal Professions
The claimants acted as franchisees of the defendants, having agreed commission arrangements for the introduction of personal injury claimants. Following new rules, the sharing of such commissions became unlawful. The parties had failed to renegotiate a fee arrangement. The defendants appealed saying that the claimants had continuing duties to the lay clients. Held: The duty of client care continued during the life of the claims. The fee payable was a single fee for that entire service. The defendants would accordingly be able to deduct from outstanding commissions the sums paid out fulfilling the obligations undertaken by the claimants.
Access to Justice Act 1999
[ Bailii ]
 
Claymore Dairies Ltd and Arla Foods Uk Plc v Office of Fair Trading [2003] CAT 18
2 Sep 2003
CAT

Commercial

[ Bailii ]
 
Consorzio Industrie Fiammiferi (CIF) v Autorita Garante della Concorrenza e del Mercato C-198/01; [2003] EUECJ C-198/01
9 Sep 2003
ECJ

Commercial
ECJ Reference for a preliminary ruling: Tribunale amministrativo regionale per il Lazio - Italy. Competition law - National legislation anti-competitive - National competition authority's power to declare such legislation inapplicable - Circumstances in which undertakings not answerable for anti-competitive conduct.
[ Bailii ]
 
Associacao Nacional de Operadores de Maquinas Recreativas (Anomar) and Others v Estado portugues C-6/01; [2003] EUECJ C-6/01
11 Sep 2003
ECJ

European, Commercial
Reference for a preliminary ruling: Tribunal Cível da Comarca de Lisboa - Portugal. Freedom to provide services - Operation of games of chance or gambling - Gaming machines.
[ Bailii ]
 
Vodafone/Singlepoint (Case No Comp/M.3245 - Mergers) [2003] ECComm 65
16 Sep 2003
ECMM

European, Commercial

[ Worldlii ]
 
Schlusselverlag J S Moser GmbH, J Wimmer Medien GmbH and Co KG, Styria Medien AG, Zeitungs- und Verlags-Gesellschaft mbH, Eugen Russ Vorarlberger Zeitungsverlag und Druckerei GmbH etc C-170/02; [2003] EUECJ C-170/02P
25 Sep 2003
ECJ

European, Commercial
Euopa Appeal - Action for a declaration of failure to act - Competition - Complaint - Control of concentrations - Definition of a position for the purposes of Article 232 EC - Inadmissibility.
[ Bailii ]
 
Panhellenic Union of Cotton Ginners and Exporters v Commission T-148/00; [2003] EUECJ T-148/00
16 Oct 2003
ECFI

Commercial
ECFI State aid - Compensatory levy - Method of financing aid - Community aid scheme for cotton - Action for annulment - Admissibility - Acts which may be challenged - Commission's refusal to continue infringement proceedings - Principle of independent legal remedies.
[ Bailii ]

 
 Leali v Commission; ECFI 20-Oct-2003 - T-46/03; [2003] EUECJ T-46/03
 
General Motors Nederland and Opel Nederland v Commission (Judgment) T-368/00; [2003] EUECJ T-368/00
21 Oct 2003
ECFI

European, Commercial
Europa Agreements between Opel's national sales company in Holland and its authorised dealers were challenged as infringing competition law. The Commission had found that the agreements incorporated Opel's policy of trying to restrict export sales to consumers in other Member States. Held. The CFI upheld the Commission's finding that Opel had adopted a strategy of seeking to curtail exports. However, the Court found that the Commission had failed to prove that this strategy had been communicated to the dealers, still less that it had become incorporated into their dealership contracts. Although that aspect of the decision was therefore annulled, the CFI nonetheless found that the terms of Opel's bonus payment scheme for its dealers, which expressly excluded export sales from the bonus system, became an integral part of the dealership contracts and thus were governed by the pre-established general agreement. They therefore constituted an agreement within the terms of Article 101(1) which had the object of restricting exports.
1 Citers

[ Bailii ]
 
Van den Bergh Foods v Commission (Judgment) T-65/98; Times, 07 November 2003
23 Oct 2003
ECFI

European, Commercial
The applicant sold ice cream. Retailers were supplied with freezer cabinets at low or nil cost, but the cabinets were only to include the claimant's goods. In practice this excluded other manufacturer's products from shops. The commission found that this restrictive effect resulted from the limitations on space in shops, and affected some 83% of shops. Held: The contractual restrictions had to be judged not only on their strict legal form, but also on their practical effect. The result in this case was to distort competition. This was evidenced by the fact that shops did include other products whenever they had the chance. No exemption was to be granted.
EC Treaty 81(1) 85(1) 86(1)

 
Betws Anthracite Limited v Dsk Anthrazit Ibbenburen Gmbh [2003] EWHC 2403 (COMM)
27 Oct 2003
QBD
The Honourable Mr Justice Morison
Commercial, European

[ Bailii ]
 
Mrs Laura Thomson (Ap) v The Royal Bank of Scotland Plc and Another [2003] ScotCS 284
28 Oct 2003
OHCS
Lord Clarke
Commercial

[ Bailii ]
 
Robertson Construction Co (Denny) Limited v Bone Steel Ltd and Co
29 Oct 2003
OHCS
Lord Clarke
Commercial

[ ScotC ]
 
Universal Steels Limited v Skanska Construction UK Limited [2003] ScotCS 271
31 Oct 2003
OHCS
Lord Drummond Young
Commercial

[ Bailii ]
 
Allied Dunbar Assurance Plc v Superglass Sections Ltd [2003] ScotCS 276
5 Nov 2003
OHCS
Lord Eassie
Commercial

[ Bailii ]
 
Budejovicky Budvar (Judgment) C-216/01; [2003] EUECJ C-216/01
18 Nov 2003
ECJ

European, Commercial
ECJ Protection of geographical indications and designations of origin - Bilateral convention between a Member State and a non-member country protecting indications of geographical source from that non-member country - Articles 28 EC and 30 EC - Regulation (EEC) No 2081/92 - Article 307 EC - Succession of States in respect of treaties.
Regulation (EEC) No 2081/92
[ Bailii ]
 
Ministere de l'Economie, des Finances et de l'Industrie v GEMO SA C-126/01; [2003] EUECJ C-126/01
20 Nov 2003
ECJ

European, Commercial
ECJ State aid - System of financing a public carcass disposal service by a meat purchase tax - Interpretation of Article 92 of the EC Treaty (now, after amendment, Article 87 EC).
[ Bailii ]
 
Exxonmobil/Beb (Case No Comp/M.3294 - Mergers) [2003] ECComm 77
20 Nov 2003
ECMM

European, Commercial

[ Worldlii ]
 
Cel Group Ltd v Nedlloyd Lines UK Ltd and Another [2003] EWCA Civ 1716
26 Nov 2003
CA
Lady Justice Hale Lord Justice Waller Lord Justice Carnwath
Contract, Commercial

1 Cites

1 Citers

[ Bailii ]
 
Enirisorse C-35/01 [2003] EUECJ C-35/01
27 Nov 2003
ECJ

Commercial
(Competition)
[ Bailii ]
 
Enirisorse C-36/01 [2003] EUECJ C-36/01
27 Nov 2003
ECJ

Commercial
(Competition)
[ Bailii ]
 
Enirisorse C-37/01 C-37/01; [2003] EUECJ C-37/01
27 Nov 2003
ECJ

Commercial
Competition
[ Bailii ]
 
Enirisorse (Competition) C-38/01; [2003] EUECJ C-38/01
27 Nov 2003
ECJ

Commercial

[ Bailii ]
 
Volkswagen v Commission T-208/01 [2003] EUECJ T-208/01
3 Dec 2003
ECFI

Commercial
ECJ (Judgment) Competition - Distribution of motor vehicles - Article 81(1) EC - Price agreement - Meaning of agreement - Proof of the existence of an agreement.
[ Bailii ]
 
Strintzis Lines Shipping v Commission T-65/99; [2003] EUECJ T-65/99
11 Dec 2003
ECFI

Commercial
ECJ (Judgment) Competition - Regulation (EEC) No 4056/86 - Investigations carried out at company premises other than those of the company to which the investigation decision is addressed - Article 85(1) of the EC Treaty (now Article 81(1) EC) - State regulation on maritime transport and the practice of State authorities - Applicability of Article 85 of the Treaty - Whether infringing conduct may be imputed - Fines - Application of the guidelines on calculating fines.
[ Bailii ]
 
Minoan Lines v Commission (Judgment) T-66/99; [2003] EUECJ T-66/99
11 Dec 2003
ECFI

European, Commercial
Europa Competition - Regulation (EEC) No 4056/86 - Investigations carried out at company premises other than those of the company to which the investigation decision is addressed - Article 85(1) of the EC Treaty (now Article 81(1) EC) - State regulation on maritime transport and the practice of State authorities - Applicability of Article 85 of the Treaty - Whether infringing conduct may be imputed - Fines - Application of the guidelines on calculating fines.
[ Bailii ]
 
Adriatica di Navigazione v Commission (Judgment) T-61/99; [2003] EUECJ T-61/99
11 Dec 2003
ECFI

European, Commercial
Europa Competition - Fines.
[ Bailii ]
 
Yeshekel Arkin v Borchard Lines Limited Andzim Israel Navigation Company Ltd and others (No 3) [2003] EWHC 3088 (Comm)
16 Dec 2003
QBD
Mr Justice Colman
Commercial, European, Costs

1 Cites

1 Citers

[ Bailii ]
 
British Airways v Commission T-219/99; [2003] EUECJ T-219/99
17 Dec 2003
ECFI

European, Commercial
ECFI Competition - Abuse of a dominant position - Competence of the Commission - Discrimination between airlines - Relevant product and geographic market - Nexus between the product markets allegedly affected - Legal basis of the contested decision - Existence of a dominant position - Abuse of the dominant position - Proportionality of the amount of the fine.
[ Bailii ]
 
Statoil /Bp/Sonatrach /In Salah Jv (Case No Comp/M.3230 - Mergers) [2003] ECComm 98
19 Dec 2003
ECMM

European, Commercial

[ Worldlii ]
 
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