European Commission v Tomkins plc – WLR Daily

Posted January 24th, 2013 in company law, competition, EC law, law reports, subsidiary companies by sally

European Commission v Tomkins plc (Case C-286/11P); [2013] WLR (D) 17

“Where the liability of a parent company was derived exclusively from that of its subsidiary and where the parent and its subsidiary had brought parallel applications having the ‘same object’, the Court was entitled, without infringing the ne ultra petita principle—that European Union courts could not rule on aspects concerning addressees other than those covered by the applicant’s application—to take account of the outcome of the action brought by the subsidiary and to annul the action brought by the parent on that basis, despite the fact that the scope of the applications and arguments presented in each application were different.”

WLR Daily, 22nd January 2013