British Airways – air cargo cartel damages litigation

March 25, 2015

De Brauw assists British Airways in follow-on damage actions instituted by various plaintiffs in relation to alleged air cargo cartel damages and a fine imposed by the European Commission on British Airways and other airlines. The opposing parties are organised in claim vehicles named Equilib and SCC.

Claim vehicles Equilib and SCC initiated private law claims to recover damages said to have been suffered as a result of the alleged cartel. Equilib and SCC requested disclosure of the confidential version of the European Commission’s ”Airfreight” decision, to substantiate their claims further.​ The airlines petitioned the Amsterdam District Court to deny the claims as disclosure of the confidential EC decision before a national court is contrary to principles of European law. The Court rendered its judgment on Wednesday 25 March, which follows the airlines’ reasoning and denies the requests of SCC and Equilib. The Court’s ruling establishes a significant precedent for Dutch and European cartel damage practice.   ​


Daan Beenders, Erik Pijnacker Hordijk, Stephanie The, and Wouter Hofstee

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