Ryanair Ltd v Esso Italiana Srl [2013] EWCA Civ 1450 (19 November 2013)

Ryanair Ltd v Esso Italiana Srl [2013] EWCA Civ 1450 (19 November 2013)

The English jurisdiction clause does not extend to Ryanair's claim for breach of statutory duty under Article 101 TFEU because there is no viable contractual claim under Article IV of the contract for cartel-inflated prices. The contract clause was not intended to address anti-trust infringements, and the statutory...

Source-derived case information.

Citation
[2013] EWCA Civ 1450
Parties
Respondent / Claimant: Ryanair Limited; Appellant / Defendant: Esso Italiana Srl
Jurisdiction
England and Wales
Judgment Date
19 November 2013
Procedural Posture
Appeal From Commercial Court (queen's Bench Division) / Court of Appeal Judgment on Jurisdictional Challenge
Outcome
Appeal allowed; English courts have no jurisdiction over the statutory duty claim under the contract's jurisdiction clause.
Legal Topics
Jurisdiction Clauses, Breach of Statutory Duty, Article 101 TFEU, Cartel Damages, Interpretation of Contracts
Contract Law Competition Law Civil Procedure Jurisdiction Clauses Breach of Statutory Duty Article 101 TFEU Cartel Damages Interpretation of Contracts

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Parties

Ryanair Limited

Respondent / Claimant

Esso Italiana Srl

Appellant / Defendant

Procedural Posture

Appeal From Commercial Court (queen's Bench Division) / Court of Appeal Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Does the English jurisdiction clause in the contract cover a claim for breach of statutory duty under Article 101 TFEU?
  2. 2 Is Ryanair's claim for contractual damages under Article IV of the contract arguable in respect of cartel-inflated prices?
  3. 3 Can a claim for breach of statutory duty stand alone within the scope of the jurisdiction clause absent a viable contractual claim?

Ratio Decidendi

The English jurisdiction clause does not extend to Ryanair's claim for breach of statutory duty under Article 101 TFEU because there is no viable contractual claim under Article IV of the contract for cartel-inflated prices. The contract clause was not intended to address anti-trust infringements, and the statutory duty claim is not so closely connected to a contractual claim as to fall within the jurisdiction clause. Without a triable contractual claim, the presumption in favour of one-stop adjudication does not apply.

Court Disposition

Appeal allowed; English courts have no jurisdiction over the statutory duty claim under the contract's jurisdiction clause.

Orders

  • Appeal allowed
  • Jurisdictional challenge by Esso Italiana succeeds