Heureka Group (Comparateurs de prix en ligne) (Principle of effectiveness - Actions for damages under national law for infringements of the competition law provisions - Judgment) [2024] EUECJ C-605/21 (18 April 2024)

Heureka Group (Comparateurs de prix en ligne) (Principle of effectiveness - Actions for damages under national law for infringements of the competition law provisions - Judgment) [2024] EUECJ C-605/21 (18 April 2024)

National legislation laying down a three-year limitation period for damages actions in competition law, which starts to run independently for each partial occurrence of harm before the infringement has ended and without knowledge of the infringement, and which cannot be suspended or interrupted during a Commission...

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Citation
[2024] EUECJ C-605/21
Parties
Applicant: Heureka Group a.s.; Respondent: Google LLC; Respondent: Alphabet Inc.
Jurisdiction
European Union
Judgment Date
18 April 2024
Procedural Posture
Preliminary Ruling / Judgment
Outcome
National limitation rules as interpreted by Czech courts are precluded by Article 10 of Directive 2014/104/EU, Article 102 TFEU, and the principle of effectiveness.
Legal Topics
Abuse of Dominant Position, Limitation Periods, Damages Actions, Directive 2014/104/eu, Article 102 TFEU, Principle of Effectiveness
Competition Law European Union Law Abuse of Dominant Position Limitation Periods Damages Actions Directive 2014/104/eu Article 102 TFEU Principle of Effectiveness

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Parties

Heureka Group a.s.

Applicant

Google LLC

Respondent

Alphabet Inc.

Respondent

Procedural Posture

Preliminary Ruling / Judgment

  1. 1 Whether national limitation rules for damages actions in competition law are compatible with Article 10 of Directive 2014/104/EU, Article 102 TFEU, and the principle of effectiveness
  2. 2 Temporal applicability of Article 10 of Directive 2014/104/EU
  3. 3 Requirements for limitation periods in damages actions for competition law infringements

Ratio Decidendi

National legislation laying down a three-year limitation period for damages actions in competition law, which starts to run independently for each partial occurrence of harm before the infringement has ended and without knowledge of the infringement, and which cannot be suspended or interrupted during a Commission investigation, is incompatible with Article 10 of Directive 2014/104/EU, Article 102 TFEU, and the principle of effectiveness.

Court Disposition

National limitation rules as interpreted by Czech courts are precluded by Article 10 of Directive 2014/104/EU, Article 102 TFEU, and the principle of effectiveness.

Orders

  • National courts must disregard incompatible elements of limitation rules and ensure conformity with Article 10 of Directive 2014/104/EU.
  • Limitation period must not start before infringement ends and all necessary information is known.