Il cartello della gomma giunge alla Court of Appeal (ancora sul foro del litisconsorzio passivo)

For the first time since its appearance the so called Provimi test reaches the Court of appeal: and, though not overtly, its strength is seriously impaired. The decision in comment nevertheless confirms the trend towards a broad understanding of the reach of art. 6.1 Reg. n. 44/2001 in multi-party damages actions following Commission findings of infringement in cartel cases. The Author argues that the Court of appeal construction of Art. 6.1 offers parties (both the supposed victim and the supposed infringer) unexpected and excessive forum shopping opportunities. In order to avoid the risk of abusive exploitation of art. 6.1, the A. points to the need for a substantial connecting factor between the litigation and the court, also arguing from the special concentration rule set out in art. 6.3 b) Regulation n. 864/2007 on the law applicable to non-contractual obligations. The A. then briefly addresses the issue of parallel proceedings and related actions in the light of art. 27 and 28 Reg. n. 44/2001.