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On 4 October 2017, Mrs Justice Rose dismissed claims by Emerald Supplies Limited and other claimants seeking damages alleged to have been caused in relation to alleged overcharges for flights between the EU and third countries prior to 1 May 2004, and alleged overcharges for flights between the EEA and third countries prior to 19 May 2005. For the Judgment see here. The principal issues concerned whether Article 101 of the Treaty on the Functioning of the European Union applied in the international air transport sector before those dates and/or whether Regulation 1/2003 changed the position as to the powers of a national court retrospectively in relation to those periods. At a hearing on 1 December 2017 Mrs Justice Rose granted Emerald Supplies and other Claimants permission to appeal to the Court of Appeal.
The following Monckton barristers are instructed in the case:
Philip Moser QC, Ben Rayment, Anneliese Blackwood and Conor McCarthy are instructed by the Claimants.
Jon Turner QC, Michael Armitage and Stefan Kuppen for British Airways PLC
Daniel Beard QC and Thomas Sebastian for airlines facing Part 20 Contribution Claims.