Rechtbank Amsterdam; 2015-01-07; Equilib, KLM, Martinair, Air France, BA en Lufthansa; C-13-561169 - HA ZA 14-283
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:2015:94
Date: 2015-01-07
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82015NL0107(51)_ENG_SUMJURE
JURE summary
JURE summary
The European Commission imposed fines on several airlines (KLM, Marinair, Air France, BA and Lufthansa) for their participation in an international cartel. Equilib, in the main statements of the case, claimed the right to determine that airlines participating in the cartel, according to the rules for applicable jurisdiction, are jointly and severally liable for the damages suffered by the injured party as well as for compensation for the damages. Equilib based the jurisdiction of the Rechtbank, regarding the claims against BA and Lufthansa, on Article 6(1) of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I Regulation"). BA and Lufthansa claimed that the Rechtbank lacked jurisdiction over the case. According to the opinion of the Rechtbank, in this case, there is a close relationship between the claims against various defendants, as required by the Article 6 of the Brussels I Regulation, since the actions against various defendants are based on the same factual and legal situation, namely participation in the same cartel described in the European Commission Decision. This implies that there is a concrete risk of irreconcilable judgments, if the liability of various defendants would be assessed in separate proceedings. The addressees of a cartel Decision of the European Commission, as is the case here, may, in relation to the conduct described in that Decision, be sued in the courts of the place where any one of them is domiciled. The Rechtbank considers itself as competent to hear and decide this case. The incidental claims were rejected.