ECJ Judgment – Reference for a preliminary ruling – Directive 2000/35/EC – Combating late payment – Jurisdiction of the Court – Transaction concluded before the accession of the Republic of Slovenia to the European Union – Scope – Concept of ‘commercial transaction’ – Concept of ‘undertaking’ – Maximum amount of interest for late payment
ECLI:EU:C:2016:954, [2016] EUECJ C-256/15
Bailii
Directive 2000/35/EC
European
Commercial
Updated: 27 January 2022; Ref: scu.572599
ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 2004/18/EC – Article 45(2) – Personal situation of the candidate or tenderer – Optional grounds of exclusion – Grave professional misconduct – National legislation providing for a case-by-case assessment in accordance with the principle of proportionality – Decisions of the contracting authorities – Directive 89/665/EEC – Judicial review
[2016] WLR(D) 672, [2016] EUECJ C-171/15
Bailii, WLRD
European
Commercial
Updated: 27 January 2022; Ref: scu.572575
ECJ Judgment – Competition – Abuse of a dominant position – Greek markets for the supply of lignite and wholesale electricity – Decision introducing specific measures to remedy the anti-competitive effects of an infringement of Article 86 (1) EC, read in In conjunction with Article 82 EC – Article 86 (3) EC – Obligation to state reasons – Proportionality – Freedom of contract
ECLI:EU:T:2016:748, [2016] EUECJ T-421/09
Bailii
European
Commercial
Updated: 27 January 2022; Ref: scu.572577
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Smart card chips – Decision finding an infringement of Article 101 TFEU – Exchanges of commercially sensitive information – Rights of defence – Infringement by object – Proof – Limitation – Single and continuous infringement – 2006 Guidelines on the method of setting fines – Value of sales
ECLI:EU:T:2016:737, [2016] EUECJ T-758/14
Bailii
European
Commercial
Updated: 27 January 2022; Ref: scu.572586
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction – Matters relating to delict or quasi-delict – Selective distribution network – Resale outside a network on the Internet – Action for cessation of the wrongful act – Related Link
C-618/15, [2016] EUECJ C-618/15
Bailii
Regulation (EC) No 44/2001
European
Commercial
Updated: 27 January 2022; Ref: scu.572574
ECJ Judgment – Reference for a preliminary ruling – Public procurement – Directive 89/665 / EEC – Recourse procedures for the award of public contracts – Article 1 (3) – Interest in bringing proceedings – Article 2a (2) – Concept of ‘tenderer concerned’ Of a tenderer definitively excluded by the contracting authority from bringing an action against the subsequent decision to award the contract
C-355/15, [2016] EUECJ C-355/15
Bailii
European
Commercial, Administrative
Updated: 27 January 2022; Ref: scu.572566
EU (Judgment) Reference for a preliminary ruling – Public service contracts – Award of the contract without initiating a tendering procedure – So-called ‘in-house’ award – Conditions – Similar control – Performance of the essential activity – Successful public capital tendering company owned by several local authorities – Activity also carried out for the benefit of local authorities which are not shareholders – Activity imposed by a public authority which is not a shareholder
C-553/15, [2016] EUECJ C-553/15
Bailii
European
Administrative, Commercial
Updated: 27 January 2022; Ref: scu.572326
Judgment – Appeal – State aid – Financial measures for France Telecom – Shareholder loan offer – Public statements by representatives of the French State – Decision declaring the aid incompatible with the common market – Definition of ‘aid’ – Concept of ‘economic advantage’ – Prudent private investor criterion – Obligation of the General Court to state reasons – Limits of judicial review – Distortion of the decision at issue
ECLI:EU:C:2016:912, [2016] EUECJ C-486/15
Bailii
European
Commercial
Updated: 26 January 2022; Ref: scu.571973
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Public procurement – Directive 2004/18 / EC – Directive 2014/24 / EU – Participation in tenders – Bidder that failed to mention in the offer loads business for safety – praetorian must bear this mention – market Exclusion no opportunity to correct this omission
ECLI:EU:C:2016:870, [2016] EUECJ C-162/16 – CO
Bailii
European
Commercial
Updated: 26 January 2022; Ref: scu.571885
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Public procurement – Directive 2004/18 / EC – Directive 2014/24 / EU – Participation in tenders – Bidder that failed to mention in the offer loads business for safety – praetorian must bear this mention – market Exclusion no opportunity to correct this omission
ECLI:EU:C:2016:868, [2016] EUECJ C-140/16 – CO
Bailii
European
Commercial
Updated: 26 January 2022; Ref: scu.571874
ECJ (Order) Preliminary reference – commercial policy – Regulation (EC) No 1225/2009 – Article 13 – Circumvention – Implementing Regulation (EU) No 791/2011 – Fabrics fiber open mesh glass originating in the People’s Republic of China – anti-dumping duties – implementing Regulations (EU) No 437/2012 and (EU) No 21/2013 – shipped from Thailand – Extension of anti-dumping duty – temporal scope – Community Customs Code – subsequent recovery of import duties
C-222/16, [2016] EUECJ C-222/16 – CO
Bailii
European
Commercial
Updated: 26 January 2022; Ref: scu.571879
(Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Public procurement – Directive 2004/18 / EC – Directive 2014/24 / EU – Participation in tenders – Bidder that failed to mention in the offer loads business for safety – praetorian must bear this mention – market Exclusion no opportunity to correct this omission
ECLI:EU:C:2016:867, [2016] EUECJ C-697/15 – CO
Bailii
European
Commercial
Updated: 26 January 2022; Ref: scu.571878
Where self employed agents had been taken on to market the respondent’s services, and those agencies were terminated, such activities were those of commercial agents within the Directive, and they were entitled to compensation. Whether he was a secondary agent or not was a question foreign to English law, and not to be gleaned other than through the Regulations and the facts. If the agents are not secondary, they are within the Regulations. Here the respondent would derive a long term benefit from their activities, and they were not secondary.
Morison J reviewed the genesis of the Directive and made reference to Law Commission Report No 84, 1977 which said: ‘The provisions of the Directive were clearly based upon the German Commercial Code and related to a special category of agent who acted for his principal ‘who must be his standing client’. In German law the commercial agent is ‘identifiable as a member of a particular social group with special social and economic needs’. Such an agent was a quasi employee requiring protection from exploitation’.
Morison J
Times 27-Jun-2000, Gazette 29-Jun-2000, [2000] EuLR 708, [2000] CLC 1397
Commercial Agents (Council Directive) Regulations 1993 No 3053
England and Wales
Cited by:
Cited – Ingmar GB Ltd v Eaton Leonard Inc QBD 31-Jul-2001
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European . .
Cited – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
Held: Whether a party is a commercial agent within the . .
Lists of cited by and citing cases may be incomplete.
Agency, Commercial
Updated: 26 January 2022; Ref: scu.89699
As to allowance of expert evidence
[2016] CAT 19
Bailii
England and Wales
Commercial
Updated: 24 January 2022; Ref: scu.570879
Roth J
[2016] CAT 21
Bailii
England and Wales
Commercial, Costs
Updated: 24 January 2022; Ref: scu.570878
Application to lift automatic suspension of a contract award subject to the application by the claimant.
Jefford J
[2016] EWHC 2626 (TCC)
Bailii
Public Contracts Regulations 2015
England and Wales
Commercial
Updated: 24 January 2022; Ref: scu.570607
ECJ Judgment – Appeal – Competition – State aid – Aid granted by the French Republic to France Telecom – Reform of the arrangements for financing the retirement pensions of civil servants working for France Telecom – Reduction of the compensation to be paid to the State by France Telecom – Decision declaring the aid compatible with the internal market under certain conditions – Definition of aid – Definition of economic advantage – Selective nature – Adverse effect on competition – Distortion of the facts – No statement of reasons – Substitution of grounds
ECLI:EU:C:2016:798, [2016] EUECJ C-211/15
Bailii
European
Commercial
Updated: 24 January 2022; Ref: scu.570589
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Dutch beer market – Commission decision finding an infringement of Article 81 EC – Fines – Duration of the administrative procedure – Level of the fine
[2012] EUECJ C-445/11, ECLI:EU:C:2012:828
Bailii
European
Commercial
Updated: 23 January 2022; Ref: scu.569428
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram – Concept of restriction of competition by object – Potential competition – Generic medicinal products – Barriers to market entry resulting from the existence of patents – Agreement concluded between a patent holder and a generic undertaking – Fines – Legal certainty – Principle that penalties must have a proper legal basis – 2006 Guidelines on the method of setting fines – Duration of the Commission’s investigation
T-460/13, [2016] EUECJ T-460/13, ECLI:EU:T:2016:453
Bailii
European, Commercial
Updated: 22 January 2022; Ref: scu.569063
(Order (Extension of Time Limits))
[2016] CAT 7
Bailii
Commercial
Updated: 20 January 2022; Ref: scu.567900
Reasoned Order (Extending Time for Seeking Permission To Appeal)
[2016] CAT 4
Bailii
Commercial
Updated: 20 January 2022; Ref: scu.567897
(Ruling (Disposal of Appeals))
[2016] CAT 12
Bailii
England and Wales
Commercial
Updated: 20 January 2022; Ref: scu.567904
Order (Extension of Time for Defence)
[2016] CAT 5
Bailii
Commercial
Updated: 20 January 2022; Ref: scu.567898
Judgment (Non-Party Applications for Access To Documents)
[2016] CAT 6
Bailii
Commercial
Updated: 20 January 2022; Ref: scu.567899
ECJ (Judgment) Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Purely internal situation – Application of analogous national rules – Jurisdiction of the Court – Concerted practice – Liability of an undertaking for the acts of a service provider – Conditions
T von Danwitz, P
C-542/14, [2016] EUECJ C-542/14, [2016] WLR(D) 410, ECLI:EU:C:2016:578
Bailii, WLRD
TFEU 101(1)
European, Commercial
Updated: 20 January 2022; Ref: scu.567419
The House considered the liability, or not, to stamp duty of an agreement made in the UK. Under the Stamp Act 1891 an agreement made in the UK for the sale of any estate or interest in any property except lands or property locally situate out of the UK was chargeable with ad valorem stamp duty. The particular agreement was for the sale of the premises of a wholesale manufacturing business which was carried on in Germany together with the goodwill of the business, all of whose customers were in Germany.
Held: The goodwill was property locally situate outside the UK.
Lord Macnaghten said: ‘It is very difficult, as it seems to me, to say that goodwill is not property. Goodwill is bought and sold every day. It may be acquired, I think, in any of the different ways in which property is usually acquired. When a man has got it he may keep it as his own. He may vindicate his exclusive right to it if necessary by process of law. He may dispose of it if he will – of course under the conditions attaching to property of that nature.’ and
‘What is goodwill? It is a thing very easy to describe, very difficult to define. It is the benefit and advantage of a good name, reputation, and connection of business. It is the attractive force which brings in custom. It is the one thing which distinguishes an old established business from a new business at its first start. The goodwill of a business must emanate from a particular centre or source. However widely extended or diffused its influence may be, goodwill is worth nothing unless it has a power of attraction sufficient to bring customers home to the source from which it emanates. Goodwill is composed of a variety of elements. It differs in its composition in different trades and in different businesses in the same trade.’
Lord Lindley said: ‘Goodwill regarded as property has no meaning except in connection with some trade, business, or calling. In that connection, I understand the word to include whatever adds value to the business by reason of the situation, name and reputation, connection, introduction to old customers, and agreed absence from competition, or any of these things, and there may be others which do not occur to me. In this wide sense, goodwill is inseparable from the business to which it adds value, and, in my opinion, exists where the business is carried on. Such business may be carried on in one place or country or in several, and if in several there may be several businesses, each having a goodwill of its own.’
Lord Robertson said: ‘I do not accede to the view that the goodwill is affixed or attached to the manufactory. Supposing that the products of the manufactory were all exported to England and sold to English customers, I should find it difficult to hold that the goodwill was out of England merely because the manufactory was. The application of the words ‘locally situate’ would then present a different question, requiring, I should think, a different answer. Again, if the facts as to the distribution of the products were more complicated, as, for example, if the trade were diffused over England and other countries, then the location of the goodwill would be a more complex, although I do not by any means think an insoluble, problem.
I confess I find no repugnancy in affirming of the goodwill of a business that it is locally situate somewhere. It is, I should say, locally situate within the geographical limits which comprehend the seat of the trade, and the trade. That sounds like a very cautious statement, and fortunately it is enough for the present question. It seems to me that in the statute the distinction drawn is between what from a British point of view we should call British property and foreign property; and the goodwill of a business which begins and ends abroad is, I think, property locally situate outside the United Kingdom.’
Lord Macnaghten, Lord Lindley, Lord Robertson
[1901] AC 217
Stamp Act 1891
England and Wales
Cited by:
Cited – Condliffe and Another v Sheingold CA 31-Oct-2007
The defendant had taken an assignment of the goodwill of a restaurant from the company of which she was a director. The plaintiffs as assignees of any claims of the company, now in liquidation, said that she was liable to account to them for the . .
Cited – Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others CA 24-Feb-2010
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the . .
Cited – The Athletes’ Foot Marketing Associates Inc v Cobra Sports Ltd ChD 1980
The plaintiff, which carried on a retail shoe franchising business mainly in the United States, had prospective franchisee in England but had not commenced trading there. There was an awareness in England of the plaintiff’s trade name and activities . .
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.
Commercial, Intellectual Property, Stamp Duty
Updated: 19 January 2022; Ref: scu.260189
ECJ (Judgment) Appeal – Article 81 EC – Agreements, decisions and concerted practices – Spanish market for penetration bitumen – Market sharing and price coordination – Notice on immunity from fines and reduction of fines in cartel cases (2002) – Final paragraph of point 23(b) – Partial immunity from fines – Evidence of facts previously unknown to the Commission
ECLI:EU:C:2016:416, [2016] EUECJ C-617/13
Bailii
EC Treaty 81
European, Commercial
Updated: 17 January 2022; Ref: scu.565631
ECJ (Judgment) Competition – Cartels – European market for pre-stressing steel – Price fixing, market sharing and exchange of sensitive commercial information – Decision finding an infringement of Article 101 TFEU – Economic unit – Direct participation in the infringement – derivative liability of parent companies – business Succession – complex infringement – single and continuous infringement – 2006 Guidelines for the calculation of fines – Principles of non-retroactivity and legality of penalties – mitigating circumstances – Ability – Human defense – Obligation to state reasons – Application for reassessment – No changes in factual circumstances – rejection Letter – Inadmissible
T-426/10, [2016] EUECJ T-426/10
Bailii
European
Commercial
Updated: 17 January 2022; Ref: scu.564968
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market in industrial plastic bags – Action for annulment – Challengeable act – Admissibility – Action for damages – Default interest – Concept of a debt which is certain, of a fixed amount and due – Proportionality – Legal certainty – Principle that penalties must be specific to the individual and to the offence – Lack of legal basis – Article 266 TFEU – Causal link
T-669/14, [2016] EUECJ T-669/14
Bailii
European, Commercial
Updated: 15 January 2022; Ref: scu.563411
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.
ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC – European Convention on the Protection of Animals Kept for Farming Purposes – Recommendation concerning Cattle – Export of calves from a Member State maintaining the level of protection laid down by the Convention and the Recommendation – Export to Member States which comply with the Directive but do not observe the standards laid down in the Convention or the Recommendation and use intensive farming systems prohibited in the exporting State – Quantitative restrictions on exports – Exhaustive harmonisation – Validity of the Directive
Times 02-Apr-1998, [1998] ECR I-1251, [1998] EUECJ C-1/96
Bailii, Bailii
EC Treaty 34 36, Directive 91/629/EEC
England and Wales
Cited by:
See Also – Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs Admn 27-Nov-2003
The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly . .
See Also – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .
Lists of cited by and citing cases may be incomplete.
European, Commercial, Animals, Agriculture
Updated: 14 January 2022; Ref: scu.563234
Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Obligation to state reasons
T-36/11, [2015] EUECJ T-36/11
Bailii
European
Commercial
Updated: 08 January 2022; Ref: scu.557012
(Judgment) Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Obligation to state reasons
[2015] EUECJ T-38/11
Bailii
European
Transport, Commercial
Updated: 08 January 2022; Ref: scu.556995
(Judgment)
[2015] EUECJ T-48/11
Bailii
European
Commercial
Updated: 08 January 2022; Ref: scu.556991
(Judgment)
T-39/11, [2015] EUECJ T-39/11
Bailii
European
Transport, Commercial
Updated: 08 January 2022; Ref: scu.556994
Judgment – Competition – Agreements, decisions and concerted practices – Sodium chlorate market in the EEA – Amending decision reducing the determined duration of participation in the cartel – Calculation of the amount of the fine – Whether time-barred – Article 25 of Regulation No 1/2003
T-250/12, [2015] EUECJ T-250/12
Bailii
European
Commercial
Updated: 04 January 2022; Ref: scu.553092
[2015] CAT 6
Bailii
England and Wales
Commercial, Utilities
Updated: 02 January 2022; Ref: scu.549887
Judgment
[2015] CAT 5
Bailii
Enterprise Act 2002 179
Commercial
Updated: 02 January 2022; Ref: scu.549886
[2015] EWHC B1 (Mercantile)
Bailii
England and Wales
Commercial
Updated: 28 December 2021; Ref: scu.543653
Collins J
[2015] EWHC 84 (Admin), [2015] UKCLR 209, [2015] CN 161
Bailii
Competition Act 1998 2
England and Wales
Commercial
Updated: 27 December 2021; Ref: scu.541753
Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of the infringement – Guidelines for calculating the amount of fines 2006 – Reference period – Calculation the value of sales – Gravity of the infringement – Concentration during the period of the infringement – Equal treatment – Proportionality
T-551/08, [2014] EUECJ T-551/08
Bailii
European
European, Commercial
Updated: 24 December 2021; Ref: scu.539902
ECJ Judgment – Dumping – Imports of ceramic tableware and kitchenware originating in the People’s Republic of China – Definitive anti-dumping duty – Definition of the product concerned
S. Papasavvas (Rapporteur), P
T-394/13, [2014] EUECJ T-394/13, ECLI:EU:T:2014:964
Bailii
European, Commercial
Updated: 23 December 2021; Ref: scu.538884
The claimant appealed against an order requiring it to divest itself of part of a holding of shares in Aer Lingus, a competing airline.
Hodge Malek QC
[2014] CAT 3
Bailii
Commercial, Transport
Updated: 20 December 2021; Ref: scu.535734
ECJ Judgment Of The Court – Appeal – Competition – Article 86, paragraph 3, CE – Continuing special rights granted by the Hellenic Republic in favor of a public company for the exploration and exploitation of lignite deposits – Offence – Decision – Conflict with the Law Union – Subsequent Decision – Implementation of specific measures – Solution competitive effects of the infringement – Action for annulment
Ilesic Rap P
C-554/12, [2014] EUECJ C-554/12, ECLI: EU: C: 2014:2085
Bailii
European, Commercial
Updated: 17 December 2021; Ref: scu.534444
ECJ (Judgment) 1. The procedure laid down by Directive 90/531 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors must be observed irrespective of the nationality or seat of the tenderers. The obligation, imposed on contracting entities by Article 4(1) of the directive, to apply procedures which are adapted to the provisions of the directive is not subject to any such condition and it is always possible that undertakings established in other Member States may be concerned directly or indirectly by the award of a contract.
Although under Article 15(1) of the directive contracting entities obliged to apply the procedures in the directive do indeed have a degree of choice regarding the procedure to be applied to a contract, once they have issued an invitation to tender under one particular procedure they are required to observe the rules applicable to it, until the contract has been finally awarded.
2. It follows from the terms of Directive 90/531 on the procurement procedures of entitites operating in the water, energy, transport and telecommunications sectors that the contracting entity’ s procedure for comparing tenders has to comply at every stage with both the principle of the equal treatment of tenderers and the principle of transparency.
A Member State which, in the procedure for the award of a public contract by a public undertaking operating a bus service:-
takes into account fuel consumption figures submitted by a tenderer after the opening of tenders, where those figures exceed a limit which the tenderer himself stipulated in his initial tender in regard to any change in fuel consumption figures,
awards the contract to the same tenderer on the basis of figures which do not correspond to the prescriptive requirements of the contract documents for calculating the notional penalty of the tenderer in question for maintenance costs in respect of engine and gear box replacement,
takes into account, when comparing tenders for certain lots, the cost-saving features suggested by the same tenderer, without having referred to them in the contract documents or in the tender notice, uses them to offset the financial differences between the tenders in first place and those of the tenderer in question and accepts some of the same tenderer’ s tenders as a result of taking those features into account,
fails to fulfil that obligation.
[1996] ECR I-2043, [1996] EUECJ C-87/94
Bailii
European
Cited by:
Cited – The Law Society, Regina (on the Application of) v Legal Services Commission CA 29-Nov-2007
The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement . .
Lists of cited by and citing cases may be incomplete.
Commercial
Updated: 11 December 2021; Ref: scu.161315
ECJ (Judgment Of The Court Of First Instance) Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement – Loyalty rebates – ‘Naked’ restrictions – Classification as abuse – As-efficient-competitor analysis – Commission’s international jurisdiction – Obligation on the Commission to investigate – Limits – Rights of the defence – Principle of sound administration – Overall strategy – Fines – Single and continuous infringement – 2006 Guidelines on the method of setting fines
ECLI:EU:T:2014:547, [2014] EUECJ T-286/09, [2014] 5 CMLR 9
Bailii
European, Commercial
Updated: 04 December 2021; Ref: scu.526683
ECJ (Judgment Of The Court Of First Instance) Competition – Cartels – Market calcium carbide and magnesium for the steel and gas sector in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement Article 81 EC – price fixing and market-sharing – fines – Article 23 of Regulation (EC) No 1/2003 – Guidelines for calculating the amount of the 2006 fines – mitigating circumstances – Cooperation during the administrative procedure – obligation to state reasons – Equal treatment – Proportionality – Ability to
[2014] EUECJ T-406/09
Bailii
European
European, Commercial
Updated: 03 December 2021; Ref: scu.525833
ECJ Opinion – Appeals – Competition – Articles 82 EC and 86, paragraph 1, CE – Continuing special rights granted by Greece in favor of a public company for the exploration and exploitation of lignite deposits – Competitive Advantage in the markets the supply of lignite and electricity wholesale through the exercise of these rights – Extension of the dominant position of the first to the second of these markets – Obligation for the Commission to establish abusive behavior on the part of the company public
Melchior Wathelet AG
C-553/12, [2013] EUECJ C-553/12, [2014] EUECJ C-553/12, [2013] EUECJ C-553/12 – O
Bailii, Bailii, Bailii
European, Commercial
Updated: 28 November 2021; Ref: scu.519466
This appeal concerns the correct application of section 86(1)(b) of the Communications Act 2003
McFarlane LJ, Sir Bernard Rix, Sitr Timothy Lloyd
[2013] EWCA Civ 1318
Bailii
England and Wales
Commercial, Media
Updated: 23 November 2021; Ref: scu.517236
Allegation of abuse of dominant position
Rimer, Lewison, Treacy LJJ
[2013] EWCA Civ 1338
Bailii
England and Wales
Commercial
Updated: 25 November 2021; Ref: scu.517461
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification – Article 36 TFEU – Protection of human life and health – Assessment by the national court
‘I consider that the existence of a CMO covering the wine sector does not prevent the national authorities from taking action in the exercise of their competence in order to adopt measures to protect health and, in particular, to combat alcohol abuse. However, where the national measure constitutes a breach of the principle of the free formation of selling prices that constitutes a component of the single CMO Regulation, the principle of proportionality requires that the national measure must actually meet the objective of the protection of human health and must not go beyond what is necessary in order to attain that objective.
As the commission suggests, I consider that the examination of the proportionality of the measure must be undertaken in the context of the analysis that must be carried out by reference to article 36 TFEU.
Consequently, I propose that the answer to the first question should be that the single CMO Regulation must be interpreted as meaning that it does not preclude national rules, such as those at issue, which prescribe a minimum retail price for wines according to the quantity of alcohol in the product sold, provided that those rules are justified by the objectives of the protection of human health, and in particular the objective of combating alcohol abuse, and do not go beyond what is necessary in order to achieve that objective.’
‘A barrier to the free movement of goods may be justified on one of the public interest grounds set out in article 36 TFEU or in order to meet overriding requirements. In either case, the restrictions imposed by the member states must none the less satisfy the conditions laid down in the court’s case law as regards their proportionality. In that regard, in order for national rules to comply with the principle of proportionality, it is necessary to ascertain not only whether the means which they implement are appropriate to ensure attainment of the objective pursued, but also that those means do not go beyond what is necessary to attain that objective: Berlington Hungary Tanacsado es Szolgaltato kft v Magyar Allam (Case C-98/14) [2015] 3 CMLR 45, para 64.
Although the words generally used by the court seem most frequently to result in only two different stages of the control of proportionality being distinguished, the intellectual exercise followed in order to determine whether a national measure is proportionate is generally broken down into three successive stages.
The first stage, corresponding to the test of suitability or appropriateness, consists in ascertaining that the act adopted is suitable for attaining the aim sought.
The second stage, relating to the test of necessity, sometimes also known as the ‘minimum interference test’, entails a comparison between the national measure at issue and the alternative solutions that would allow the same objective as that pursued by the national measure to be attained but would impose fewer restrictions on trade.
The third stage, corresponding to the test of proportionality in the strict sense, assumes the balancing of the interests involved. More precisely, it consists in comparing the extent of the interference which the national measure causes to the freedom under consideration and the contribution which that measure could secure for the protection of the objective pursued.’
R. Silva de Lapuerta, P
ECLI:EU:C:2015:845, [2015] EUECJ C-333/14, [2016] 1 WLR 2283, [2015] WLR(D) 544
Bailii, WLRD
Regulation (EU) No 1308/2013, TFEU 34
European
Citing:
See Also – Scotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See Also – The Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See Also – The Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See Also – Scotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
Cited – Commission v Italy (Free Movement Of Goods) ECJ 10-Feb-2009
ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and . .
Cited by:
At ECJ – The Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
At ECJ – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.
Commercial, Health
Updated: 10 November 2021; Ref: scu.565749
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Rights of the defence – Proof of the infringement – Single and continuous infringement – Fines – Gravity and duration of the infringement – Deterrent effect – Cooperation.
[2011] EUECJ T-112/07
Bailii
European
Commercial
Updated: 10 November 2021; Ref: scu.441788
The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a merger situation qualifying for investigation.’
The test for the issue of judicial review proceedings was set out as follows: ‘The first stage test, which is applied upon the application for leave, will lead to a refusal if the applicant has no interest whatsoever and is, in truth, no more than a meddlesome busybody. If, however, the application appears to be otherwise arguable and there is no other discretionary bar, such as dilatoriness on the part of the applicant, the applicant may expect to get leave to apply, leaving the test of interest or standing to be re-applied as a matter of discretion on the hearing of the substantive application. At this second stage, the strength of the applicant’s interest is one of the factors to be weighed in the balance.’
‘Good public administration requires decisiveness and finality, unless there are compelling reasons to the contrary.’
Sir John Donaldson MR, Dillon LJ, Neill LJ
[1986] 1 WLR 763, [1987] QB 815, (1986) 2 BCC 99086, [1986] EWCA Civ 8, [1986] 2 All ER 257
Bailii
Senior Courts Act 1981 31(3)
England and Wales
Cited by:
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others FD 5-Jul-2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. . .
Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Cited – Regina v Cotswold District Council and others ex parte Barrington Parish Council Admn 24-Apr-1997
The parish council sought judicial review of the district council’s planning decision. The respondents complained at the lack of promptness in the application, and suggested a lack of standing to complain. . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.
Commercial, Judicial Review
Leading Case
Updated: 10 November 2021; Ref: scu.194045
ECJ Judgment – Reference for a preliminary ruling – Unfair commercial practices – Directive 2005/29/EC – Articles 6 and 7 – Advertising relating to a satellite TV subscription – Subscription price including, in addition to the monthly subscription charge, a six-monthly charge for the card required for decoding emissions – Six-monthly charge omitted or presented in a less conspicuous manner than the monthly charge – Misleading action – Misleading omission – Transposition of a provision of a directive only in the preparatory work for the national transposing legislation and not in the wording of that legislation itself
ECLI:EU:C:2016:800, [2016] EUECJ C-611/14, [2016] WLR(D) 550
Bailii, WLRD
Directive 2005/29/EC
European
Commercial, Media
Updated: 01 November 2021; Ref: scu.570580
[2017] CAT 17
Bailii
England and Wales
Updated: 26 October 2021; Ref: scu.609538
[2017] CAT 28
Bailii
England and Wales
Updated: 26 October 2021; Ref: scu.609548
Judgment (Fast-Track Application)
[2016] CAT 8
Bailii
England and Wales
Updated: 29 September 2021; Ref: scu.566585
Under a series of cross guarantees, equipment was supplied to Iraq. Final payment was due on delivery of the final equipment. Before it could be delivered, the prohibitions came into effect against satisfying or making any claims in connection with transactions in matters covered by the UN resolution. The company went into liquidation, and sought claims under the guarantees from the bank. The bank agreed liability if it could itself be excused liability to the Iraqi company. It was held that the intention was to create a permanent prohibition. To hold otherwise would risk reviving contractual obligations which could no longer be performed. The ban might end but prohibition on the enforcement of earlier contracts must remain.
Bingham, Steyn, Hope, Hobhouse, Scott L
Times 02-Jul-2001, Gazette 23-Aug-2001, [2001] UKHL 31, [2001] 1 WLR 1462, [2001] 3 CMLR 14
Bailii, House of Lords
Council Regulation (EEC) 3541/92
England and Wales
Citing:
Appeal from – Shanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20 CA 25-May-2000
. .
At first instance – Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another ComC 17-Dec-1999
The parties were linked together by a series of bonds, deposits, and guarantees and indemnities which had been designed to enable trade with a customer in Iraq. The Regulation operated to prevent any claim being made under the bond, and therefore . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – William Dowling v Ireland, Attorney General and Minister for Agriculture and Foods ECJ 22-Oct-1992
Europa The combined provisions of Articles 3(3) and 3a of Regulation No 857/84, as amended by Regulation No 764/89 and subsequently by Regulation No 1639/91, do not provide for any possibility of granting a . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.89187
Judgment
[2016] CAT 11, [2016] Comp AR 33
Bailii
England and Wales
Updated: 30 July 2021; Ref: scu.567901
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties to secure settlements of alleged breaches of competition law. The appellants complained that another company had been given settlement agreements better than theirs.
Held: The appeal was allowed. The company had not requested the particular term offered to the other party. Domestic administrative law does not recognise a distinct principle of equal treatment. Consistency is a generally desirable objective, but not an absolute rule. The OFT applied a consistent set of legal and policy criteria. A legitimate expectation of equal treatment had been created, but said nothing as to the legal consequences of such an expectation.
Lord Mance, Deputy President, Lord Sumption, Lord Carnwath, Lord Hodge, Lord Briggs
[2018] UKSC 25, [2018] WLR(D) 300, UKSC 2016/0185, [2019] AC 96, [2018] 4 All ER 183, [2018] 5 CMLR 2, [2018] 2 WLR 1583, [2018] Bus LR 1313
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Vid Simmary, SC Vid 2018 Mar 13 am, SC Vid 2018 Mar pm, SC Vid 2018 Mar 19 am
Competition Act 1998 2(1) 31
England and Wales
Citing:
Appeal from – Gallaher Group Ltd and Another v Competition and Markets Authority CA 15-Jul-2016
Restriction or distortion of competition . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others ECJ 14-Sep-1999
Wood Pulp II
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
Cited – The Office of Fair Trading v Somerfield Stores Ltd and Another CA 7-Apr-2014
The court was asked whether the Competition Appeal Tribunal was right to find that there were ‘exceptional circumstances’ justifying an extension of time for appealing a decision of the Appellant, the Office of Fair Trading. The court held that . .
Cited – Middlebrook Mushrooms Ltd, Regina (on the Application of) v Agricultural Wages Board of England and Wales Admn 18-Jun-2004
The company complained that whereas the generality of employers in agriculture were exempt from control under the minimum wage system, mushroom growers had not been exempted.
Held: The withdrawal of the exemption was irrational and . .
Cited – Crest Nicholson Plc v Office of Fair Trading Admn 24-Jul-2009
The company challenged as unfair its treatment by the respondent in imposing fines for anti-competive behaviour. The claimant was successor of the company who had misbehaved, but the claimant no longer operated in the area and had no employees from . .
Cited – Regina v Commissioners of Inland Revenue, ex parte Unilever plc CA 1996
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .
Cited – Regina v The National Lottery Commission ex parte Camelot Group Plc Admn 21-Sep-2000
The Commission had considered bids tendered in open competition to run The National Lottery. Neither of the two candidates who entered bids was considered to have satisfied all the criteria necessary to be given the relevant licence. The Commission . .
Cited – Kone Bv v European Commission ECJ 24-Oct-2013
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for the installation and maintenance of elevators and escalators – Fines – Notice on immunity from fines and reduction of fines in . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – The United Policyholders Group and Others v The Attorney General of Trinidad and Tobago PC 28-Jun-2016
(Trinidad and Tobago) The appellants, all residents of Trinidad and Tobago, held life policies issued by the Colonial Life Insurance Company (CLICO). Their claim arose out of the banking crisis in early 2009 when CLICO was in serious financial . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.615570
The company challenged as unfair its treatment by the respondent in imposing fines for anti-competive behaviour. The claimant was successor of the company who had misbehaved, but the claimant no longer operated in the area and had no employees from that era. It said that the respondent had resiled on a leniency agreement as to its treatment. The respondent had investigated systems of co-ordinated cover pricing in quotations for public works, and found that the volume of material was too large to process properly. It made a fast track offer intended to result in a reduced penalty.
Held: The OFT had acted unfairly in not acknowledging the difference in the position of the claimant Seeking ‘blind admissions to what are said to be infringements of the law is in breach of the principle of fairness.’ ‘Undertaking’ in competition law is an economic concept which is not equivalent to a traditional corporate entity. An undertaking may include a group of companies so long as that group of companies acts as a single economic unit.
‘the OFT must comply with the principle of equal treatment in all steps leading up to the imposition of a penalty’
Cranston J
[2009] EWHC 1875 (Admin)
Bailii
Competition Act 1998 (Office of Fair Trading’s Rules) Order 2004, Competition Act 1998
England and Wales
Citing:
Cited – Akzo Nobel and Others v Commission (Competition) ECFI 12-Dec-2007
ECJ Competition Cartels in the vitamin products sector Choline chloride (Vitamin B4) Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area Attributability . .
Cited – Itochu v Commission (Competition) ECFI 30-Apr-2009
ECJ Competition Agreements, decisions and concerted practices – Market for video games consoles and games cartridges compatible with Nintendo games consoles – Decision finding an infringement of Article 81 EC – . .
Cited – Office of Communications and Another v Floe Telecom Ltd CA 15-Jun-2006
The Competition Appeal Tribunal had remitted a matter to the Office of Fair Trading and had set a time limit for the Commisioner to complete his investigation. The Office appealed.
Held: It was not within the CAT’s power, under either the . .
Cited – Automec SRL v Commission ECFI 18-Sep-1992
Europa Among the civil-law consequences which an infringement of the prohibition laid down in Article 85(1) of the Treaty may have, only one is expressly provided for in Article 85(2), namely the nullity of the . .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited by:
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.361461
A term in a tender requiring an undertaking to incorporate certain terms was anti-competitive.
Times 16-Dec-1996
Local Government Act 1988 32
England and Wales
Updated: 02 July 2021; Ref: scu.87799
ECJ Competition – Agreements, decisions and concerted practices – Sodium gluconate – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principle of proportionality – Equal treatment – Ne bis in idem principle
T-322/01, [2006] EUECJ T-322/01, [2006] EUECJ T-322/01
Bailii, Bailii
Updated: 31 January 2021; Ref: scu.245152
Links: ScotC
Judges: Lord Eassie
Jurisdiction: Scotland
Last Update: 27 November 2020; Ref: scu.190926
References: [2010] EWHC B8 (Mercantile)
Links: Bailii
Ratio:
This case cites:
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 22-Nov-16
Ref: 420872
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570
Coram: Lord Wilberforce
Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence the question of interpretation. That depends on what meanings the language read against the objective contextual scene will let in. Thirdly, the enquiry is objective: the question is what reasonable persons, circumstanced as the actual parties were, would have had in mind.
Lord Wilberforce commented on the Wooler case saying: ‘I think that all of their Lordships are saying, in different words, the same thing — what the court must do must be to place itself in thought in the same factual matrix as that in which the parties were’.
Lord Wilberforce said: ‘No contracts are made in a vacuum: there is always a setting in which they have to be placed. The nature of what is legitimate to have regard to is usually described as ‘the surrounding circumstances’ but this phrase is imprecise: it can be illustrated but hardly defined. In a commercial contract it is certainly right that the court should know the commercial purpose of the contract and this in turn presupposes knowledge of the genesis of the transaction, the background, the context, the market in which the parties are operating.’
This case cites:
(This list may be incomplete)
This case is cited by:
(This list may be incomplete)
Last Update: 02-Jul-16
Ref: 184430
References: [1921] AC 444
Coram: Lord Phillimore
The question was whether a document, describing itself as a bill of lading but written in the form of a receipt of goods for (rather than of) shipment, was a bill of lading for the purposes of the Act, which set out the jurisdiction of the admiralty court for an action in rem. The claim had been brought by consignees which provided for delivery to the shipper’s order.
Held: It was a bill of lading within the Act. The court noted that it purported to be negotiable. If this document is a bill of lading, it is a negotiable instrument. Other incidents of the document were standard for a bill of lading, such as detailed terms and conditions in familiar form; the fact that the document was called a bill of lading many times in the course of such provisions and that it was made subject to the US Charter Act; the fact that it provides that ‘If required by the shipowner, one signed bill of lading, duly endorsed, must be surrendered on delivery of the goods’; and that it ‘ends in the time honoured form’, viz ‘In witness whereof the master or agent of said vessel has signed three bills of lading, all of this tenor and date, of which if one is accomplished, the others shall be void’ The court emphasised that the document would work as merchants would expect a bill of lading to work. It accorded wit hstandard commercial practiceand the parties agreed to call it a bill of lading, and entered into obligations and acquired rights proper to a bill of lading. All the other incidents in its very detailed language are such as are proper to such a document.
Statutes: Admiralty Court Act 1861
This case is cited by:
(This list may be incomplete)
Last Update: 31-Jan-16 Ref: 181886
References: T-28/11, [2015] EUECJ T-28/11, ECLI:EU:T:2015:995
Links: Bailii
ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Obligation to state reasons
Last Update: 31-Dec-15 Ref: 557014
References: [2009] EWHC B39 (Mercantile)
Links: Bailii
References: [2014] EWHC 1195 (Mercantile)
Links: Bailii
References: [2013] EWHC B8 (Mercantile)
Links: Bailii
References: [2014] EWHC 1194 (Mercantile)
Links: Bailii
Coram: Leggatt J
References: C-612/12, [2014] EUECJ C-612/12
Links: Bailii
Coram: T. von Danwitz, P
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Netherlands market in road pavement bitumen – Setting of the gross price for road pavement bitumen – Setting of a rebate for road builders – Regulation (EC) No 1/2003 – Article 27 – Rights of the defence – Reduction of the fine
Statutes: Regulation (EC) No 1/2003 27
References: [2015] EWHC B3 (Mercantile)
Links: Bailii
Coram: Simon Brown QC HHJ
Claim for damages for breach of contract and database rights, delivery up of confidential information and injunctive relief against Mr Solanki, a former employee of the Claimants.