Prescription and cartel harm

19/11/12

On 24 October last, The Supreme Court of the UK admissed the appeal in a damages case lodged by BCL, an industrial poultry farm operator that had purchased vitamins from BASF. On 21 November 2001, the supplier was fined 296.16 million euro by the European Commission as member of the vitamins cartel.

The plaintiff brought claims after the end of the two-year limitation period, which starts on the date on which the Commission decision becomes final. Given that BASF did not appeal, the period started running on the date on which BASF’s time for appealing against the fining decision expired. The Supreme Court dismissed the grounds of appeal that the statute of limitation was unclear. In fairness, such statute would seem to be well summarised on the European Commission’s web pages.

As the UK Supreme Court rightly states, procedural rules are of Member State competence unless render practically impossible or excessively difficult the exercise of EU law rights. The Commission’s Roadmap for this year does not put forward any harmonisation either. This case shows that the Commission’s efforts to improve the effectiveness of such claims also depends on the skills of national legal professionals… some of which will debate the subject on 22 and 23 November next in Barcelona.