ECJ confirms application of EU rules on jurisdiction and recognition of judgments for damage claims resulting from competition law infringements

In its decision of 23 October 2014 in Case C-302/13, a dispute between Lithuanian Airlines and the airport operator in Riga, the ECJ dealt with legal issues in relation to a damage claim resulting from a competition law infringement.

 

According to Articles 5(3) and (4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Regulation No 44/2001”), actions seeking legal redress for damage are civil and commercial matters and therefore come within the scope of that regulation. An action such as the damage claim resulting from the infringement of rules of competition law is thus civil and commercial in nature.

 

To sum up, the ECJ ruled that a damage claim resulting from competition law infringements comes within the definition of ‘civil and commercial matters’ within the meaning of Article 1(1) Regulation No 44/2001 and, therefore, falls within the scope of that regulation.

 

Furthermore, the ECJ acknowledged in its decision, that in a proceeding concerning a damage claim resulting from competition law infringements, the mere invocation of serious economic consequences does not constitute a ground for the defendant to request that the court does not recognize a judgment from another EU Member State.

 

The ECJ further explained that Article 34(1) of Regulation No 44/2001 must be interpreted as meaning that neither detailed rules for determining the amount of sums granted by a judgment in another Member State, nor the mere invocation of serious economic consequences constitute grounds establishing the infringement of public policy (“ordre public”) of the Member State in which recognition is sought which would permit the refusal of recognition and enforcement in that Member State of such a judgment given in another Member State.

 

Hence, it has yet to be seen, whether the specified applicability of relevant judgments from other Member States will facilitate, or even accelerate, proceedings concerning the aforementioned damage claims.

 

 

Authors:

Milosz Cywinski

Christina Hummer