1244/5/7/15 Peugeot Citroën Automobiles UK LTD and Others v Pilkington Group Limited and Others

Claim for damages under section 47A of the Competition Act 1998 based on the decision of the European Commission dated 12 November 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/39.125 Carglass).

On 22 January 2016 the Defendants applied for a stay of proceedings and an extension of the time for making an application to dispute the Tribunal’s jurisdiction under Rule 34 of the Tribunal Rules. The President listed a hearing on 10 February 2016 to hear the stay application and, by order dated 25 January 2016, extended the Rule 34 time limit until the determination of the stay application. On 28 January 2016 the Claimants applied for the resolution of a preliminary issue. Following the hearing on 10 February 2016, the President made an order giving various case management directions, including in relation to the preliminary issue and the filing of an additional claim by the Defendants pursuant to Rule 39 of the Tribunal Rules. That additional claim, against companies in the Asahi Glass group, was filed on 24 February 2016. The hearing of the preliminary issue, relating to the application of the Foreign Limitation Periods Act 1984 to a claim brought under section 47A of the Competition Act 1998, took place on 29 April 2016 and was heard jointly with the same point in Case 1240/5/7/15. Judgment was handed down on 27 July 2016 ([2016] CAT 14).

On 6 September 2016 the claim of the Ninth Claimant was withdrawn by consent.

An application by the First to Eighth Claimants for permission to appeal the determination of the preliminary issue to the Court of Appeal was refused on 22 September 2016 ([2016] CAT 16).

On 9 January 2017 the claim, including the additional claim issued under Rule 39 of the Tribunal Rules, was withdrawn by consent.