Tag Archives: Jurisdiction

Case C-302/13 flyLAL-Lithuanian Airlines: Damages for breach of competition law, civil and commercial matters

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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 →

Case C-206/13 Siragusa: the Scope of the Charter of Fundamental Rights, Preliminary References and National Law

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The Court of Justice handed down an interesting decision on 6 March 2014 in Case C-206/13 Cruciano Siragusa v Regione Sicilia. The judgment does two things: it declines to answer a preliminary question referred to it on the grounds it has no jurisdiction and it describes when the Charter of Fundamental Rights and the general principles of EU law come into play and when they don’t.

In short, the judgment doesn’t say anything especially new but it does set out clearly when there is a connection can be established between national litigation and EU law.  Continue reading →