August 01
2021
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Anjum Shabbir
Anjum Shabbir
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17th November 2020
Competition & State Aid Justice & Litigation

Analysis: “The Lisbon Appeal Court’s interpretation of Cogeco or how a Court of Justice’s reformulation of the questions referred can change everything” by Guilherme Oliveira e Costa

By judgment of 5 November 2020, the Lisbon Appeal Court confirmed the Lisbon District Court’s (first instance) ruling on the Cogeco case deciding that the applicant’s claim to compensation, based on an antitrust private enforcement action, is time-barred.

This recent judgment raises several interesting points, but, from an EU law perspective, there is no doubt that the most stimulating one is the Lisbon Appeal Court’s interpretation of the Court of Justice’s (CJEU) preliminary ruling decision (C-637/17) on this case, issued in March 2019, in relation to limitation periods.

To understand this analysis better, one must bear in mind that Directive 2014/104/EU (the Damages Directive) and the Portuguese law which implemented it

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