National Grid Electricity Transmission Plc v ABB Ltd & Ors [2013] EWHC 822 (Ch) (11 April 2013)

National Grid Electricity Transmission Plc v ABB Ltd & Ors [2013] EWHC 822 (Ch) (11 April 2013)

The court ordered disclosure against the French Defendants, finding the risk of prosecution under the French blocking statute to be theoretical, and held that the EU Evidence Regulation is not a mandatory or appropriate route for ordinary disclosure between parties. The French Defendants must comply with English procedural rules as parties to litigation in England, and comity does not require the court to defer to the blocking statute in these circumstances.

Citation
[2013] EWHC 822 (Ch)
Parties
Claimant: National Grid Electricity Transmission PLC; Defendant: ABB Limited; Defendant: ABB Power T & D Limited; Defendant: ABB Holdings Limited; Defendant: ABB ASEA BROWN BOVERI Limited; Defendant: Alstom; Defendant: Alstom Limited; Defendant: Alstom UK Holdings Limited; Defendant: Alstom Holdings; Defendant: Areva SA; Defendant: Alstom Grid UK Limited; Defendant: Siemens AG; Defendant: Siemens Transmission & Distribution Limited; Defendant: VA Tech Reyrolle Distribution Limited; Defendant: Siemens PLC; Defendant: VA Tech (UK) Limited; Defendant: Siemens Holdings PLC; Defendant: VA Tech Schneider High Voltage GmbH; Defendant: VA Tech Transmission & Distribution GmbH & Co KEG; Defendant: Siemens Aktiengesellschaft Österreich; Defendant: Alstom Grid SAS; Defendant: Alstom Grid AG
Jurisdiction
England and Wales
Judgment Date
11 April 2013
Procedural Posture
Competition Damages Claim / Interlocutory Application for Disclosure
Outcome
Claimant's application for disclosure against French Defendants granted; French Defendants' applications for court-to-court request under EU Evidence Regulation refused.
Legal Topics
Disclosure, French Blocking Statute, EU Evidence Regulation, Cartel Damages, Jurisdiction, Comity
Competition Law Civil Procedure International Law Disclosure French Blocking Statute EU Evidence Regulation Cartel Damages Jurisdiction +1 more

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Parties

National Grid Electricity Transmission PLC

Claimant

ABB Limited

Defendant

ABB Power T & D Limited

Defendant

ABB Holdings Limited

Defendant

ABB ASEA BROWN BOVERI Limited

Defendant

Alstom

Defendant

Alstom Limited

Defendant

Alstom UK Holdings Limited

Defendant

Alstom Holdings

Defendant

Areva SA

Defendant

Alstom Grid UK Limited

Defendant

Siemens AG

Defendant

Siemens Transmission & Distribution Limited

Defendant

VA Tech Reyrolle Distribution Limited

Defendant

Siemens PLC

Defendant

VA Tech (UK) Limited

Defendant

Siemens Holdings PLC

Defendant

VA Tech Schneider High Voltage GmbH

Defendant

VA Tech Transmission & Distribution GmbH & Co KEG

Defendant

Siemens Aktiengesellschaft Österreich

Defendant

Alstom Grid SAS

Defendant

Alstom Grid AG

Defendant

Procedural Posture

Competition Damages Claim / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Should the English court order disclosure against French defendants despite the French blocking statute?
  2. 2 Is the EU Evidence Regulation a mandatory route for cross-border disclosure?
  3. 3 What is the likelihood of prosecution under the French blocking statute for compliance with an English disclosure order?

Ratio Decidendi

The court ordered disclosure against the French Defendants, finding the risk of prosecution under the French blocking statute to be theoretical, and held that the EU Evidence Regulation is not a mandatory or appropriate route for ordinary disclosure between parties. The French Defendants must comply with English procedural rules as parties to litigation in England, and comity does not require the court to defer to the blocking statute in these circumstances.

Court Disposition

Claimant's application for disclosure against French Defendants granted; French Defendants' applications for court-to-court request under EU Evidence Regulation refused.

Orders

  • Order for disclosure against French Defendants to be made;
  • Applications for request to French court under EU Evidence Regulation refused.