Case C-393/23, Athenian Brewery and Heineken: Judgment of the Court (Fifth Chamber) of 13 February 2025 (request for a preliminary ruling from the Hoge Raad der Nederlanden – Netherlands) – Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA (Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Article 8(1) – Multiple defendants – Claims so closely connected that it is expedient to hear and determine them together – Article 102 TFEU – Concept of an undertaking – Parent and subsidiary companies – Infringement committed by the subsidiary – Presumption of dominant influence exercised by the parent company – Joint and several liability – Decision of a national competition authority – Actions for compensation)
Date: 2025-02-13
Institutions: Court of Justice
Subjects: civil liability proceedings, court having special jurisdiction, judicial cooperation in civil matters in the EU, parent company, subsidiary








C_202501865EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1865


7.4.2025






Judgment of the Court (Fifth Chamber) of 13 February 2025 (request for a preliminary ruling from the Hoge Raad der Nederlanden – Netherlands) – Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA


(Case C-393/23,
                (1)
Athenian Brewery and Heineken)

(Reference for a preliminary ruling - Judicial cooperation in civil and commercial matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Special jurisdiction - Article 8(1) - Multiple defendants - Claims ‘so closely connected’ that it is expedient to hear and determine them together - Article 102 TFEU - Concept of an ‘undertaking’ - Parent and subsidiary companies - Infringement committed by the subsidiary - Presumption of dominant influence exercised by the parent company - Joint and several liability - Decision of a national competition authority - Actions for compensation)
(C/2025/1865)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicants: Athenian Brewery SA, Heineken NV

Defendant: Macedonian Thrace Brewery SA

Operative part of the judgment

Article 8(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
must be interpreted as not precluding – in claims for a parent company and its subsidiary to be held jointly and severally liable to pay compensation for the damage suffered as a result of an infringement, by that subsidiary, of the competition rules – the court for the place of residence of the parent company seised of those claims from relying exclusively, in order to establish its international jurisdiction, on the presumption that where a parent company holds directly or indirectly all or almost all of the capital of the subsidiary that infringed the competition rules, it exercises a decisive influence over that subsidiary, provided that the defendants are not deprived of the possibility of relying on firm evidence suggesting either that that parent company did not hold directly or indirectly all or almost all of the capital of that subsidiary, or that that presumption should nevertheless be rebutted.


(1)  OJ C C/2023/115.


ELI: http://data.europa.eu/eli/C/2025/1865/oj
ISSN 1977-091X (electronic edition)