CASE COMMENTS: PROCEDURES - PRIVATE ACTION – ACTION FOR NULLITY – LIMITATION PERIOD

Actions for nullity : The Paris Court of Appeals rules that the actions for nullity of contracts concluded after a bid-rigging cartel sanctioned by the Competition Authority are not time-barred as the limitation period started as of the date of the Authority’s decision and not of the plaintiff’s application, but rejects the claim for damages (EDF, ERDF)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The period under review is relatively rich in terms of private enforcement, since after the affair of the Île-de-France high school markets (see above), it is now the turn of the private enforcement agencies to take action.), it is an action for compensation in the so-called high-voltage cable case which was examined by the Paris Court of Appeal in a ruling of 2 July 2015. This time, the court was asked to rule first on the question of the limitation period applicable to actions for nullity of contracts concluded following contracts distorted by a cartel, and based respectively on Article 1116 of the Civil Code and Article L. 420-3 of the

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Authors

  • University Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Actions for nullity : The Paris Court of Appeals rules that the actions for nullity of contracts concluded after a bid-rigging cartel sanctioned by the Competition Authority are not time-barred as the limitation period started as of the date of the Authority’s decision and not of the plaintiff’s application, but rejects the claim for damages (EDF, ERDF), 2 June 2015, Concurrences N° 4-2015, Art. N° 76386, pp. 186-188

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