CHRISTOPHER VAJDA QC

QC MA (Cambridge), EC law - Université Libre Bruxelles
CALL DATE: 1979 SILK: 1997

SUMMARY

Christopher Vajda is an extremely experienced litigator in EU/competition, Judicial Review, regulatory and tax law. He appears regularly in the specialist competition and tax Tribunals as well as the higher courts. Over the last three years he has appeared in 15 cases in the Court of Appeal, and in a large number of cases in the High Court, the European Courts and in the Competition Appeal Tribunal (CAT). He has two pending cases before the Supreme Court. He has also acted in a number of sporting disputes before sporting appeal panels. He has also given expert evidence on EU law in US court proceedings as well as acting in telecom and utility regulatory disputes in the Middle East and Hong Kong.

Christopher is listed in The Lawyer's Top 100 for 2012 where his EU and competition expertise is described as "top notch."

Recorder in the Crown Court
Bencher of Gray's Inn
Member of Northern Ireland Bar

RECENT/MAJOR CASES

Competition law

He acted for Ballast Nedam, a Dutch multinational construction company in its appeal to the CAT against its fine to the CAT [2011] CAT 3
He acted for Teva Pharmaceuticals in Chemistree v. Teva Pharmaceuticals (High Court, Chancery Division 4 July 2011) resisting an injunction under Article 102 TFEU)
He is acting in a number of follow-on competition damages actions for both claimants and defendants, including one that is now pending before the Supreme Court (BCL Old v BASF)
He acted for Siemens in the Court of Appeal and CAT in National Grid's appeal against a finding by Ofgem that National Grid abused its dominant position in relation to the supply of domestic-sized gas meters (2008-2010)
He acted for William Hill, Ladbrokes and BAGS in their claim that the sale of TV racing pictures to AMRAC breached Art 81EC (the Court of Appeal, 2009)
He acted in Devenish v Sanofi-Aventis(Court of Appeal, 2008) on the question of whether restitution was available in cartel cases
He acted for Welsh Water (Dwr Cymru) in Albion Water v OFWAT (Court of Appeal, (2008): margin squeeze
He acted for SFR, a French mobile phone company, in a state aid case before the European courts (2008-2009)
He acted for Nokia in its dispute with IPCom on whether IPCom licensing policy infringed Articles 81 and 82 EC (2008-2009) (Chancery Division, High Court)
Racecourse Association and others v OFT [2005] CAT 29 (first successful challenge to an OFT infringement decision)
He acted for a number of schools in the OFT investigation into the setting of private school fees (2005-2006)
He has given extensive state aid advice particularly in the context of the banking crisis, broadcasting and public private partnerships

Judicial review and regulatory

He has acted on a number of cases for Ofcom involving telecoms, TV and satellites before the CAT, Admin Court, Court of Appeal and the European Court
He has acted for major electricity and water utilities and also the Royal Mail before the CAT, Admin Court and Court of Appeal
He has acted for the Coal Authority (Admin Court and Court of Appeal)
He has acted for a number of telecoms companies both in the United Kingdom and the Far East
He acted for the European Low Fares Airline Association in a challenge to the Validity of EU Regulation on compensation for delayed flights (2004) EuLR 998
He has acted on numerous occasions for various Government Departments defending Judicial Reviews, e.g. Collins v Secretary of State for Work and Pensions [2006] EWCA Civ 376 (scope of citizenship provisions in the EU Treaty), Optident Ltd. v Secretary of State (2001) (HL) (Cosmetics Directive), R v SS for Health ex p Imperial Tobacco (2000) (Interim relief in respect of EU Directives) and the Factortame cases

EU law

Many of his competition, judicial review and tax cases involve EU law.
Wilson v. L'Ordre des Avocats du Barreau de Luxembourg (ECJ: compatibility of Luxembourg rules on establishment of lawyers with EU law)

Sport

He acted for a South African cricketer who was banned by the ECB from playing county cricket because he had played for the ICL in India. He was successful in an Appeal against the ECB. The Appeal Panel found that the ban was unlawful (2008)

Tax

He has been involved in many of the landmark cases over the last 10 years including Halifax and BUPA (2006) ECJ (VAT avoidance); Isle of Wight (2009) ECJ (fiscal neutrality); Rank (current, fiscal neutrality); Pringles (Court of Appeal, 2009); LMUK (2007-2010), Loyalty schemes; and Debenhams (2005) (tax avoidance).

COMPETITION/EU LAW

Christopher Vajda QC has represented a large variety of clients, ranging from large multinational corporations to individuals, in major competition and EU cases. He has acted in a large number of cases in the European Court of Justice, Court of First Instance (now the General Court) and in all UK courts, including the CAT. Clients that he has acted for in court proceedings include Apple, Ballast Nedam, the BBC, the Bookmakers' Afternoon Greyhound Services, the Coal Authority, the European Low Fares Airline Association, Ford, ICI, Ladbroke, Land Rover, the London Metal Exchange, MAN ERF, Nokia, Ofcom, the Racecourse Association, Scottish Power, Sea Containers, SFR, Siemens, Smith & Nephew, Sumitomo Corporation, Teva Pharmaceuticals, Welsh Water, and William Hill. He is currently acting in a number of large multinational private competition actions, including air cargo, copper tubes, the LCD and CRT cases, methionine, and paraffin wax. He has been a contributor to Bellamy & Child, European Community Law of Competition for over 20 years. He has also given expert evidence on EU law in US court proceedings.

In his EU practice, other than competition and state aid, he has advised and litigated on a wide variety of subjects including:

agriculture
anti-dumping and customs
broadcasting and telecommunications
common commercial policy
compatibility of national time limits with EU law
environment
energy
fishing
free movement of persons and services
freedom of establishment
pharmaceuticals and cosmetics
professional services
social security
taxation

Major cases

Oracle v Mtech (Court of Appeal, 2010 - on appeal to the Supreme Court). A trademark infringement case which raises fundamental issues on the inter-relationship between the Trademark Directive and general EU law principles
William Hill, Ladbrokes v. AMRAC (Art 81), Court of Appeal (2009)
National Grid v. Ofgem (Art 82), CAT (2009), acting for Siemens and CML
Albion Water v. Ofwat (2007-2009), (Art 82) CATand Court of Appeal
Bouygues v Commission (acting for Société Française de Radiotéléphonie) in a state aid challenge to the grant of 3G licences in France by Bouygues Telecom (2005-2009, CFI and ECJ)
Wootton Trucks v MAN ERF (2006) EWCA Civ 1042 (acted for MAN ERF in the Court of Appeal in defeating a challenge to termination of a dealer pursuant to motor vehicle block exemption)
Acted for Genzyme in follow-on damages case brought in the CAT by Healthcare@Home
Acted for various schools in relation to the OFT's investigation into exchange of price information which resulted in a settlement proposalin March 2006
RCA v OFT - CAT: acted for the Racecourse Association in the first case where the CAT overturned an OFT infringement decision (collective selling of media rights)
Scandlines v EC Commission - CFI: major case on excessive pricing under Article 82 EC (case settled after application to CFI lodged)
R (ELFAA) v DFT - Judicial review: challenge on behalf of low fare airlines, including Ryanair, to EC Regulation giving passengers compensation for delayed boarding and cancelled flights
Sumitomo v EC Commission - CFI and ECJ: an appeal against an alleged cartel infringement under Article 81 EC
Wilson v L'Ordre des Avocats du Barreau de Luxembourg - Administrative Court of Appeal in Luxembourg and ECJ: important case on the freedom of establishment of lawyers in which Christopher obtained an Article 234 reference from the Luxembourg Court to the ECJ
Brighton Pier - CFI: a challenge to a Commission decision clearing the grant of lottery funding to the Brighton West Pier as not involving aid (case settled)
Ford - ECJ: selective distribution system
Factortame - ECJ and UK courts: interim relief, damages, fishing
Ladbroke Racing v Commission - CFI and ECJ: state aid
Fiskeby v Commission -CFI: appeal against Commission decision on Art. 81 EC - Cartonboard
Claritas v Post Office - High Court: interim injunction under the Competition Act
MTV v BMG Records and others - High Court: collective licensing between record majors and MTV, Arts 81 and 82
George Michael v Sony - Court of Appeal: settled, recording contract and Art. 81
U2 v PRS - High Court: settled, performing royalties and Arts. 81 and 82
R. v Secretary of State for Trade and Industry ex p. Isle of Wight Council - Admin Court: state aid
R. v Secretary of State for Health ex p. Imperial Tobacco - HL: interim relief against implementation of EU Directive
Naraine v Hoverspeed - Admin Court: border controls and EU law
Optident v Department of Health and DTI - Court of Appeal and HL: classification of product as a cosmetic or medical device
QRS v Frandsen - Court of Appeal : Brussels Convention
R. v MAFF ex parte British Agrochemicals Association - Admin Court: marketing authorisation for plant protection products
ICI v Colmer - HL and ECJ: rights of establishment and corporation tax
Safir - ECJ: direct taxation and freedom to provide services

PUBLIC & ADMINISTRATIVE LAW

Christopher's expertise in competition and EU law interacts with administrative and public law, especially regulatory issues and judicial review. He regularly acts for Claimants as well as Respondents in the Administrative Court, before regulators and foreign jurisdictions.

Judicial review cases in the Administrative Court:

R(Government of Bermuda) v Ofcom: judicial review concerning allocation of satellite spectrum (2008)
R (Abbey Mine) v Coal Authority: fairness in competitive tendering
R (TNT) v HMRC: VAT charges on postal services (2009)
R (ELFAA) v DFT: challenge on behalf of low fare airlines, including Ryanair, to EC Regulation giving passengers compensation for delayed and cancelled flights (2009)
Acting for Scottish Power on challenge to GB electricity transmission charges (2005)
Barclay Chemical: first UK case on new EU authorisation regime for pesticides
Inquam: challenge to telecom licence
Vodafone: legitimate expectation in the field of tax
R. (RM) v DCMS: acted for BBC in state aid challenge
R. (Dockeray) v DEFRA: human rights
R. v Secretary of State for Health ex p. Imperial Tobacco - Court of Appeal and HL: interim relief against implementation of an EU Directive
R v British Coal and President of Board of Trade ex parte Vardy: acted on behalf of a trade union challenging decision to close coal mines

VAT & CUSTOMS AND DIRECT TAX

Christopher's impressive expertise and experience in VAT places him in the top rank of VAT silks.

He acts both for the Commissioners and the private sector and is a member of the Revenue Bar Association.

Reported VAT cases include:

TNT - ECJ: VAT on postal supplies (2009)
Isle of Wight - ECJ: VAT and fiscal neutrality (2008)
Rank - High Court: VAT and fiscal neutrality (2009)
Debenhams - VAT Tribunal to Court of Appeall: merchant charge acquirer scheme
Halifax and BUPA - ECJ: tax avoidance cases and principle of abuse of right in EC law
Telewest - High Court/ CA: single/multiple supplies
Tesco - CA: treatment of vouchers (2003)
Kingfisher - VAT Tribunal: tax avoidance and gift vouchers
Courts - VAT Tribunal: tax avoidance and insurance on furniture
RAL - ECJ: place of supply
National Westminster Bank - High Court: repayment claim
Primback - ECJ: interest free credit

Christopher has also acted in a number of direct tax and customs cases. For example he acted for ICI in the ECJ on a challenge to the UK provisions on group relief and has acted for Japanese exporters in anti-dumping cases.

ADDITIONAL INFORMATION

Member of the editorial board of the United Kingdom Competition Law Reports
Co-author of the chapter on Judicial Review in a Competition Context in "Competition Litigation in the UK" (2005)
Author of State Aids chapter in Bellamy & Child "European Community Law of Competition" (6th Ed.) (2008)
Treasurer of United Kingdom Association For European Law
Has acted as abitrator in regulatory and competition disputes