Constantin Medien AG v Ecclestone & Ors

Constantin Medien AG v Ecclestone & Ors

The payments to Dr Gribkowsky were found to be a bribe pursuant to a corrupt agreement between Ecclestone and Gribkowsky, with Mullens complicit but Bambino not. However, Constantin failed to prove recoverable loss caused by the arrangement, as BLB would have accepted CVC's offer regardless, and the defendants had no knowledge of Constantin's overage rights. Under German law, any loss suffered by Constantin was reflective of BLB's loss and not actionable. The claim also fails under English law for lack of intention to injure and causation.

Parties
Claimant: Constantin Medien AG; First Defendant: Bernard Ecclestone; Second Defendant: Stephen John Mullens; Third Defendant: Bambino Holdings Limited; Fourth Defendant: Gerhard Gribkowsky
Jurisdiction
England and Wales
Judgment Date
20 February 2014
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Bribery, Unlawful Means Conspiracy, Causing Loss by Unlawful Means, Choice of Law, Section 826 German Civil Code, Reflective Loss
Civil Law Tort Law Private International Law Bribery Unlawful Means Conspiracy Causing Loss by Unlawful Means Choice of Law Section 826 German Civil Code +1 more

Case Brief

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Parties

Constantin Medien AG

Claimant

Bernard Ecclestone

First Defendant

Stephen John Mullens

Second Defendant

Bambino Holdings Limited

Third Defendant

Gerhard Gribkowsky

Fourth Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether payments to Dr Gribkowsky constituted a bribe
  2. 2 Whether the defendants were complicit in a corrupt arrangement
  3. 3 Whether Constantin suffered recoverable loss as a result of the alleged arrangement

Ratio Decidendi

The payments to Dr Gribkowsky were found to be a bribe pursuant to a corrupt agreement between Ecclestone and Gribkowsky, with Mullens complicit but Bambino not. However, Constantin failed to prove recoverable loss caused by the arrangement, as BLB would have accepted CVC's offer regardless, and the defendants had no knowledge of Constantin's overage rights. Under German law, any loss suffered by Constantin was reflective of BLB's loss and not actionable. The claim also fails under English law for lack of intention to injure and causation.

Court Disposition

Claim dismissed