The Court was asked how far the EU law principle of res judicata can be relied on by the Appellants as establishing facts which they wish to prove in their defences to the damages claims brought by the Respondents. Servier submits that certain factual findings were made in its favour by the General Court when giving judgment in an action to annul a competition law infringement decision adopted by the EU Commission.
Judges:
Longmore, Rose LJJ, Sir Stephen Richards
Citations:
[2019] EWCA Civ 1096, [2020] 2 WLR 149, [2020] 1 All ER (Comm) 402, [2019] WLR(D) 366, [2020] 1 All ER 432
Links:
Jurisdiction:
England and Wales
Citing:
See Also – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others ChD 2-Aug-2017
Roth J struck out the unlawful means tort claim, saying that, in OBG ‘the ratio of Lord Hoffmann’s determination of the elements of the tort is in para 51’ of his speech: ‘Unlawful means therefore consists of acts intended to cause loss to the . .
Appeal from – The Secretary of State for Health and Another v Servier Laboratories Ltd ChD 17-Apr-2019
The Court was asked: ‘To what extent, if at all, are factual findings made by the General Court of the European Union in its judgment on an application for annulment of a competition infringement decision of the European Commission binding as res . .
Cited by:
See Also – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 12-Jul-2019
Appeal against a paragraph of an order by which the judge struck out the claim of the appellant, the Secretary of State for Health and the NHS Business Services Authority that the third respondent is liable for interfering with the NHS’s economic . .
Lists of cited by and citing cases may be incomplete.
European, Evidence, Commercial
Updated: 26 March 2022; Ref: scu.638826