Latest Cases

European Commission – Rules on competition. The General Court of the European Union allowed the application by British Airways plc (BA) for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that BA and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment. 

Employment – Unfair dismissal. The Employment Appeal Tribunal dismissed an employee's appeal against the employment tribunal's ruling that he had not been unfairly dismissed notwithstanding procedural shortcomings in the termination of his employment on the ground of misconduct. The tribunal had taken into account the procedural failings, had not adopted the wrong approach and there was no error of law that vitiated that decision. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Deutsche Lufthansa AG (Lufthansa) and its subsidiaries for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that those companies and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment. 

Costs – Order for costs. The Court of Appeal, Civil Division, dismissed the defendant's appeal concerning whether the judge had been wrong to have held that the claimant should not suffer the normal consequences of not having accepted a CPR Pt 36 offer. The judge had concluded that the normal consequences would be unjust and that conclusion had been based on relevant considerations. 

Damages – Assessment. The Queen's Bench Division held that the claimant was entitled to damages for pain suffering and loss of amenity, damages for treatment expenses and funeral expenses in the sum of £7,113.17 on behalf of the father's estate following his death at the second defendant hospital. 

European Union – Value Added Tax. The Court of Appeal, Civil Division, dismissed an appeal by the local authorities against a determination that, if they were treated as a non-taxable person for VAT purposes, within the meaning of art 4(5) of Council Directive (EEC) 77/388, then that would distort competition in the off-street car-parking market in the area of pricing. 

Insolvency – Administration. The Companies Court held that directions for the administration of the statutory trusts could be given on an application under para 63 to Sch B1 to the Insolvency Act 1986 Act and, on the application of the administrators, it gave directions regarding the distribution of money in the client accounts of insurance intermediary companies, AXA and Aviva, which had gone into administration. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by CareAbout GmbH (CareAbout) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between José Luis Florido Rodriguez and CareAbout concerning the application by the latter for registration of the word sign 'kerashot' as a Community trade mark. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Singapore Airlines Ltd and Singapore Airlines Cargo Pte Ltd for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that those companies and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by SAS Cargo Group A/S and others for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that those companies and other carriers had participated in a single and continuous infringement of EU competition law by co-ordinating its behaviour as regards the pricing of freight services. The General Court decided that the contested decision was vitiated by a defective statement of reasons which justified its annulment.