The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines)

On 5 July 2018, the CJEU handed down a judgment in response to a request for a preliminary ruling from the Lithuanian Court of Appeal in which it provided welcome clarifications of the interpretation of Articles 5(3) and 5(5) of Regulation No 44/2001 (Brussels I Regulation). These articles concern special jurisdiction in matters relating to tort or to acts of branches. Although these Articles have now been replaced by Articles 7(2) and 7(5) of Regulation No 1215/2012, the wording is identical, and so the CJEU’s interpretation continues to be applicable. Background The main proceedings concerned a damages claim by AB flyLAL-Lithuanian Airlines against Starptautiskā lidosta “Rīga” VAS (Riga Airport) and Air Baltic Corporation AS that arose out of (i) an allegedly anticompetitive agreement

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines), 5 July 2018, e-Competitions Bulletin July 2018, Art. N° 89747

Visites 40

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues