The court was asked whether a beer supply agreement which, as between the original parties, was prohibited by Article 85(1) and so automatically void under the provisions of Article 85(2), may, nevertheless, be enforced by an assignee from one party in circumstances in which, if an agreement in identical terms had been entered into between the assignee and the other party at the time of the assignment, that agreement would not have been prohibited.
Held: A public house tie to buy its beer from one supplier, which was unenforceable because the supplier controlled many such outlets, could become lawful and enforceable when assigned to a company which controlled fewer outlets.
Citations:
Times 11-Feb-1999, [1999] EWCA Civ 696
Jurisdiction:
England and Wales
Citing:
Appeal from – David John Passmore v Morland Plc, The Inntrepreneur Pub Company (CPC) Ltd, The Inntrepreneur Beer Supply Company Limited ChD 8-Jul-1998
. .
Lists of cited by and citing cases may be incomplete.
European, Landlord and Tenant
Updated: 30 November 2022; Ref: scu.84600
