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In the latest in a series of interim judgments in the Air Cargo cartel damages claims, which are being brought in the Chancery Division by several groups of claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought in relation to air transport routes between the EU and third countries during the period before 1 May 2004. The judgment contains a detailed analysis of the temporal scope of the competition provisions in the Treaty and of the “Modernisation” Regulation (Reg. 1/2003), as well as the effect of the transitional regime in Articles 107 and 108 TFEU in the specific context of the air transport sector.
To read the judgment please click here.
Philip Moser QC, Ben Rayment and Conor McCarthy acted for the Emerald, Hyundai, Kodak and Allston Claimants.
Jon Turner QC and Michael Armitage acted for BA.
Daniel Beard QC and Thomas Sebastian acted for the Part 20 Airlines.