May 11
2021
Trajan Shipley
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22nd April 2021
Competition & State Aid Justice & Litigation

AG Richard de la Tour’s Opinion: Brussels Recast Regulation determines both international and national territorial jurisdiction in cases of claims for damages

Advocate General (AG) Richard de Tour has delivered his Opinion in Volvo and Others (C-30/20), in which he advises the Court to rule that, under Article 7(2) of the Brussels Recast Regulation (1215/2015), in the context of a damages claim resulting from a cartel arrangement, the place where the damage has occurred is the particular territory within a Member State whose market has been affected by the breaches in question.

The case stems from a claim for damages filed by a Spanish company in a Madrid court against the holding companies and its Madrid-based subsidiary which were sanctioned by the European Commission as a result of a pricing cartel. However, the respondents contended that the competent court would be that which is ba

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