CASE COMMENTS: PROCEDURES – EUROPEAN UNION - CARTELS – PRIVATE ENFORCEMENT – JURISDICTION

Private enforcement: The Court of Justice of the European Union recognises that the indirect victim of a cartel may bring an action before the courts from his domicile even if there is no contractual relationship with the defendant company (Tibor-Trans)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Each request for reparation has its own specificity. Here, the absence of a direct contractual link between the victim undertaking and the defendant undertaking allows the Court of Justice of the European Union once again to consider the concept of the 'place where the harmful event occurred or is likely to occur' contained in Regulation 1215/2012, otherwise known as the Brussels Ia Regulation. The Court is thus continuing its work in favour of private actions for damages and the judgment under review is a follow-up to the CDC and flyLAL judgments, in particular (CJEU, 21 May 2015, Cartel Damage Claims (CDC) Hydrogen Peroxide, C-352/13 ; this Review, A.

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Alexandre Lacresse, Barbara Monti, Private enforcement: The Court of Justice of the European Union recognises that the indirect victim of a cartel may bring an action before the courts from his domicile even if there is no contractual relationship with the defendant company (Tibor-Trans), 29 July 2019, Concurrences N° 4-2019, Art. N° 92315, pp. 158-159

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