Op-Ed: “The Grand Chamber of the CJEU rules on the characterisation of competition law claims against a contracting party” by Vincent Richard

On Tuesday 24th, in Wikingerhof (C-59/19), the Grand Chamber of the Court of Justice handed down an exciting decision for European cross-border litigation on the crucial issue of the distinction between contractual matters and matters related to torts under the Brussels I Regulation. More specifically, the case addresses the possibility to use the jurisdictional rule applicable to torts to sue a contracting party for abuse of dominant position. This case is a follow-up to the Brogsitter decision (C-548/12). It brings a welcome clarification by stating that an action between contracting parties is characterised as a matter relating to tort under Regulation 1215/2012 if the interpretation of the contract is not indispensable to establish t