Latest Cases

European Commission – Rules on competition. The General Court of the European Union allowed the application by Japan Airlines Co. Ltd for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that that company 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. 

Environment – Protection. The Administrative Court, in dismissing the claimant Seiont, Gwyrfai and Llyfni Anglers' Society's application for judicial review, held that 'damage', as defined in art 2(2) of Parliament and Council Directive (CE) 2004/35 was restricted to a deterioration in the environmental situation and did not include the prevention of an existing, already damaged environmental state from achieving a level which was acceptable in environmental terms or a deceleration in such achievement. 

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 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. 

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. 

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. 

European Commission – Rules on competition. The General Court of the European Union allowed the application by Cathay Pacific Airways Ltd for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that Air Canada 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 Cargolux Airlines International SA for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that Air Canada 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 Koninklijke Luchtvaart Maatschappij NV for annulment of Commission Decision C(2010) 7694 final (the contested decision) in which the European Commission had found that Air Canada 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 – Discrimination. The Employment Appeal Tribunal, in allowing the employer, Ford Motor Company Ltd's appeal, held that an employment judge who had ruled at a preliminary hearing that the employment tribunal had jurisdiction, under the Equality Act 2010, to hear age discrimination claims by pensioners, had erred in failing to consider whether the claims fell within both limits of the Act and in applying the Act.