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The EU Court of Justice issues preliminary ruling in case from the UK High Court on the use of allegations of breach of competition law in order to avoid honouring obligations under a commercial contract (Sunag)

This was a commercial private arbitration case which ended up before the English High Court, Queen Bench Division (Case C-339/95), and was referred to the European Court of Justice for a preliminary ruling. A unanimous arbitration award to enforce the agreement was appealed in the commercial court and referred to ECJ. The case settled before the advocate general and court gave judgment. It raised some important questions of competition law on Regulation No. 4056/86, Regulation 17/62 [1] and 1017/68 Block Exemption and separation of exemption clauses from non-exempted clauses and «Agreements», «decisions» and concerted practices within the meaning of Article 85 of EEC Treaty – Arbitral awards. All the parties to the arbitration were members of the Scandinavia, United

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  • Reed Smith (London)

Quotation

Marjorie Holmes, The EU Court of Justice issues preliminary ruling in case from the UK High Court on the use of allegations of breach of competition law in order to avoid honouring obligations under a commercial contract (Sunag), 18 January 1995, e-Competitions January 1995, Art. N° 34952

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