Wanze Properties Ireland Ltd/ FAS [1994] IECA 359 (12th October, 1994)

Wanze Properties Ireland Ltd/ FAS [1994] IECA 359 (12th October, 1994)

The lease agreement contains only standard restrictions necessary for landlord/tenant relationships and does not restrict competition; permitted user clause allows virtually any use except residential, so no restriction of competition arises.

Citation
[1994] IECA 359
Parties
Notifier/lessor: Wanze Properties (Ireland) Ltd; Lessee/respondent: FAS (Foras Aiseanna Saothair)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification / Decision on Certificate Under Section 4 of Competition Act, 1991
Outcome
Certificate issued; agreement does not offend Section 4(1) of Competition Act, 1991.
Legal Topics
Lease Agreements, Restrictive Covenants, Section 4 Competition Act 1991, Undertakings Definition
Competition Law Lease Agreements Restrictive Covenants Section 4 Competition Act 1991 Undertakings Definition

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Parties

Wanze Properties (Ireland) Ltd

Notifier/lessor

FAS (Foras Aiseanna Saothair)

Lessee/respondent

Procedural Posture

Competition Authority Notification / Decision on Certificate Under Section 4 of Competition Act, 1991

Legal Issues

  1. 1 Does the lease agreement between Wanze Properties (Ireland) Ltd and FAS offend Section 4(1) of the Competition Act, 1991?

Ratio Decidendi

The lease agreement contains only standard restrictions necessary for landlord/tenant relationships and does not restrict competition; permitted user clause allows virtually any use except residential, so no restriction of competition arises.

Court Disposition

Certificate issued; agreement does not offend Section 4(1) of Competition Act, 1991.

Orders

  • Certificate issued stating the lease agreement does not offend Section 4(1) of the Competition Act, 1991.