Here’s another twist in the saga of the removal services case. And rather a cheeky one too ! Two undertakings that the Commission found in its decision to have participated in an illicit cartel in breach of Article 101 TFEU sued the Commission in damages …. for adopting that decision ! In its judgment of 15 January 2015 in Joined Cases T-539/12 and T-150/13 Ziegler SA and Ziegler Relocation SA, EU:T:2015:15 the General Court dismissed the claim.
Here’s the story. Continue reading
The General Court handed down an order recently in Case T-479/14 Kendrion NV v EU represented by the Court of Justice, EU:T:2015:2. It finds that the Court of Justice is the right defendant in an action for damages in a claim for compensation for the loss and damage caused by unreasonable delay in judicial proceedings in the General Court.
A rich and spicy situation ! The General Court dismissing an inadmissibility plea by the Court of Justice.
Here’s some explanation and background how such a situation can arise.
Every now and again, the idea pops up that the EU Institutions should be liable in damages for their legislative activities on a no fault basis. The Court of Justice handed down two judgments in October 2014 one of which expressly deals with that issue. The judgments in Case C-611/12 P Giordano v Commission, EU:C:2014:2282, and in Joined Cases C-12/13 P and C-13/13 P Buono and others v Commission, EU:C:2014:2284, are interesting not just for that reason but because they address several issues:
Let’s look at each of those aspects of the case in turn. But first, here’s what happened. Continue reading
In its recent judgment of 23 October 2014 in flyLAL-Lithuanian Airlines AS in liquidation v Starptautiskā lidosta Rīga VAS, Air Baltic Corporation AS, C-302/13, EU:C:2014:2319, the Court of Justice confirmed that actions brought by undertakings seeking redress or compensation for damage resulting from alleged infringements of EU competition law, come within the definition of ‘civil and commercial matters’ within the meaning of Article 1(1) of Regulation No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
Thus such actions, whether they are “follow on” or stand alone actions, are subject to the rules on jurisdiction, recognition and enforcement contained in Regulation No 44/2001. Continue reading
The Court of Justice’s judgment in Case C-557/12 Kone AG and Others v ÖBB-Infrastruktur AG is an important landmark in reinforcing the efficacy of EU antitrust law. The Court holds that Member States cannot block claims for compensation by victims of “umbrella pricing”, that is to say setting of higher prices by non-cartel members as a result of a cartel. Continue reading
The judgment of the Court of Justice in Case C-56/13 Érsekcsanádi Mezőgazdasági Zrt illustrates the reach and the limits of EU law and its principles, in particular the right to compensation.
To see those limits, you need a little patience to go through the salient facts. Continue reading
EU litigation 