Claim for damages for breach of Article 101 of the Treaty of the Functioning of the European Union and Article 53 of the European Economic Area Agreement by (1) PSA Automobiles SA; (2) GIE PSA Trésorerie; (3) Stellantis NV and (4) Opel Automobile GmbH (the "Claimants") against (1) Autoliv AB; (2) Autoliv, Inc.; (3) Autoliv Japan Ltd; (4) Autoliv B.V. & Co. KG; (5) Airbags International Ltd; (6) ZF TRW Automotive Holdings Corp.; (7) ZF Automotive Safety Germany GmbH; (8) ZF Automotive Germany GmbH; (9) TRW Systems Ltd; (10) ZF Automotive UK Ltd; (11) Tokai Rika Co., Ltd and (12) Toyoda Gosei Co., Ltd (the "Defendants"). The Claimants rely on the decisions of the European Commission of 22 November 2017 (Case AT.39881 – Occupant Safety Systems supplied to Japanese Car Manufacturers), which was addressed to the Second, Third, Eleventh and Twelfth Defendants, and 5 March 2019 (Case AT.40481 – Occupant Safety Systems (II) supplied to the Volkswagen Group and the BMW Group), which was addressed to the Second, Fourth, Sixth, Seventh and Eighth Defendants.
The claim was transferred from the High Court to the Tribunal by order of Master Pester dated 1 March 2022.
The claim against the Twelfth Defendant was withdrawn by consent on 23 May 2022.
The first case management conference took place on 7 June 2022 where the Chair gave directions for the future conduct of the proceedings and granted permission for the following five parties to be added as claimants: (5) FCA Italy SpA; (6) FCA Srbija d.o.o. Kragujevac; (7) FCA Poland SA; (8) Maserati SpA; and (9) Societa Europea Veicoli Leggeri (Sevel) SpA.
On 31 October 2022, the Tribunal made an order by consent granting permission for the following two parties to be added as claimants: (10) Vauxhall Motors Ltd and (11) Opel España SLU.
The second case management conference took place on 28-29 March 2023 where the Tribunal gave directions, including a Ruling on disclosure ([2023] CAT 26). The Tribunal also refused an application by the Eleventh Defendant, which was filed on 28 February 2023, to strike out the Claimants' claim or for summary judgment on its Defence. On 19 April 2023, the Tribunal issued a Ruling giving its reasons for that refusal ([2023] CAT 27).
A third case management conference took place on 20 October 2023 at which the Tribunal gave further directions on the future conduct of the case and heard an application by the First to Fifth and Sixth to Tenth Defendants for separate experts. On 2 November 2023, the Tribunal issued its Ruling ([2023] CAT 66). The First to Fifth and Sixth to Tenth Defendants applied jointly on 10 November 2023 for permission to appeal the Tribunal's Ruling. On 13 November 2023, the Tribunal issued its Ruling in respect of the joint application for permission to appeal ([2023] CAT 69).
The claim against the Eleventh Defendant was withdrawn by consent on 22 December 2023.
The pre-trial review listed to take place on 29 July 2024 has been relisted to take place on 17 September 2024. The trial has been listed for 1 October 2024, with a provisional time estimate of six weeks.
On 28 May 2024, the Chair made an order extending various deadlines in relation to the Parties' expert reports in the field of foreign applicable laws.
On 24 June 2024, the Tribunal made an order by consent in relation to the Claimant's costs of the Single Joint Expert application.
A case management conference took place on 1 July 2024 to review the issues which fall to be determined at trial.
A pre-trial review took place on 17 September 2024.
The trial is listed to commence on 1 October 2024 with a time estimate of 5 weeks.
