The English High Court (Floyd J) refuses to make a reference to the Court of Justice of the European Union (‘ECJ') concerning the circumstances in which an English court can make a declaration of non-liability for breach of Article 101 TFEU where a company is the subject of an ongoing European Commission investigation. This was the first time that such an issue had arisen before any EU Member State court. Background The background to the case can be traced back to the European Commission's (‘the Commission') decision of 20 September 2006 in which it found that a number of undertakings had committed an infringement of Article 101 of the Treaty on the Functioning of the European Union (‘TFEU' - formerly Article 81 of the EC Treaty) in relation to the market for copper and copper alloy
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The English High Court refuses to make a reference to the CJEU concerning the circumstances in which an court can make a declaration of non-liability for breach of Art. 101 TFEU where a company is the subject of an ongoing European Commission investigation (Conex Banninger / European Commission)
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