Emerald Supplies Ltd & Ors v British Airways Plc [2017] EWHC 2420 (Ch) (04 October 2017)

Emerald Supplies Ltd & Ors v British Airways Plc [2017] EWHC 2420 (Ch) (04 October 2017)

The High Court had no jurisdiction to award damages under Article 101 TFEU for air freight between the EU and third countries prior to 1 May 2004, as the relevant implementing measures (Regulation 1/2003 as amended by Regulation 411/2004) did not apply to such flights before that date, and the UK had not designated...

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Citation
[2017] EWHC 2420 (Ch)
Parties
Claimants 1: Emerald Supplies Limited & Others; Claimants 2: Allston Landing II LLC & Others; Claimants 3: La Gaitana Farms SA & Others; Claimants 4: Hyundai Heavy Industries & Others; Claimants 5: Kodak Limited & Others; Defendant: British Airways PLC; Part 20 Claimant: British Airways PLC; Part 20 Defendants: Air Canada and others
Jurisdiction
England and Wales
Judgment Date
04 October 2017
Procedural Posture
Civil (competition Law Damages Claim) / Preliminary Issue Determination (temporal Scope of Damages Under Article 101 Tfeu)
Outcome
Claimants' claims for damages under Article 101 TFEU in respect of air freight between the EU (or EEA) and third countries prior to 1 May 2004 (or 19 May 2005 for EEA) are not maintainable.
Legal Topics
Private Damages Actions, Cartel Damages, Temporal Scope of EU Competition Law, Direct Effect of EU Law, Jurisdiction of National Courts, Retrospective Application of Regulations
Competition Law European Union Law Civil Procedure Private Damages Actions Cartel Damages Temporal Scope of EU Competition Law Direct Effect of EU Law Jurisdiction of National Courts +1 more

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Parties

Emerald Supplies Limited & Others

Claimants 1

Allston Landing II LLC & Others

Claimants 2

La Gaitana Farms SA & Others

Claimants 3

Hyundai Heavy Industries & Others

Claimants 4

Kodak Limited & Others

Claimants 5

British Airways PLC

Defendant

British Airways PLC

Part 20 Claimant

Air Canada and others

Part 20 Defendants

Procedural Posture

Civil (competition Law Damages Claim) / Preliminary Issue Determination (temporal Scope of Damages Under Article 101 Tfeu)

Legal Issues

  1. 1 Whether claimants can recover damages under Article 101 TFEU for air freight between EU and third countries prior to 1 May 2004
  2. 2 Whether the High Court had jurisdiction to rule on such claims before Regulation 1/2003 came into force
  3. 3 Whether Regulation 1/2003 applies retrospectively to allow such claims

Ratio Decidendi

The High Court had no jurisdiction to award damages under Article 101 TFEU for air freight between the EU and third countries prior to 1 May 2004, as the relevant implementing measures (Regulation 1/2003 as amended by Regulation 411/2004) did not apply to such flights before that date, and the UK had not designated the High Court as a competent authority under the transitional regime. Regulation 1/2003 does not apply retrospectively to create substantive rights for claims relating to the pre-1 May 2004 period.

Court Disposition

Claimants' claims for damages under Article 101 TFEU in respect of air freight between the EU (or EEA) and third countries prior to 1 May 2004 (or 19 May 2005 for EEA) are not maintainable.

Orders

  • Claims for damages in respect of pre-1 May 2004 (EU-third country) and pre-19 May 2005 (EEA-third country) flights dismissed.