BETWS Anthracite Ltd. v DSK Anthrazit Ibbenburen GmbH

BETWS Anthracite Ltd. v DSK Anthrazit Ibbenburen GmbH

There is no cause of action under Community law for a competitor against a recipient of unlawful State aid; the Commission Decision was directed to Germany, not Preussag, and does not create a Community law tort actionable by Betws. The claim must be dismissed.

Parties
Claimant: Betws Anthracite Limited; Defendant: DSK Anthrazit Ibbenburen GmbH (Preussag)
Jurisdiction
England and Wales
Judgment Date
27 October 2003
Procedural Posture
Commercial Court Claim / Final Judgment
Outcome
Claim dismissed
Legal Topics
State Aid Misuse, Direct Effect of EU Law, Community Law Tort, Competition Distortion, Commission Decisions
European Union Law Competition Law State Aid State Aid Misuse Direct Effect of EU Law Community Law Tort Competition Distortion Commission Decisions

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Parties

Betws Anthracite Limited

Claimant

DSK Anthrazit Ibbenburen GmbH (Preussag)

Defendant

Procedural Posture

Commercial Court Claim / Final Judgment

Legal Issues

  1. 1 Whether a competitor has a cause of action against a recipient of unlawful State aid under Community law
  2. 2 Whether the Commission Decision is binding on the recipient undertaking
  3. 3 Causation and quantum of damages arising from alleged misuse of State aid

Ratio Decidendi

There is no cause of action under Community law for a competitor against a recipient of unlawful State aid; the Commission Decision was directed to Germany, not Preussag, and does not create a Community law tort actionable by Betws. The claim must be dismissed.

Court Disposition

Claim dismissed