April 01
2020
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25th March 2020
Competition & State Aid Justice & Litigation

CJEU to further clarify direct effect and applicability ratione tempore of EU competition rules

Official publication has been made of the request for a preliminary ruling (C-819/19) lodged by the District Court of Amsterdam (Rechtbank Amsterdam) in the competition law-related case Stichting Cartel Compensation, Equilib Netherlands BV v Koninklijke Luchtvaart Maatschappij NV and Others.

The case concerns the scope of application ratione tempore and the direct effect of Article 101 TFEU, Article 53 EEA Agreement, and Article 53 of Council Regulation 1/2003 on the implementation of EU competition rules, when it comes to disputes between injured parties (in the main proceedings shippers, recipients of air cargo services) and air carriers.

By its order of reference, the District Court of Amsterdam asks the Court of Justice whether national courts have the power — either because of the direct effect of Article 101 TFEU, or at least of Article 53 EEA, or on the basis of (the direct effect of) Article 6 of Regulation 1/2003 — to fully apply Article 101 TFEU, or at least Article 53 EEA, with regard to agreements/concerted practices of air carriers in respect of freight services on flights operated before 1 May 2004 on routes between airports within the EU and airports outside the EEA, or, before 19 May 2005, on routes between Iceland, Liechtenstein, Norway and airports outside the EEA, or, on flights operated before 1 June 2002, between airports within the EU and Switzerland, also for the period that the transitional regime of Articles 104 and 105 TFEU applied, or whether it is precluded by the transitional regime.

Read the request here.

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