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Case C-393/23, Athenian Brewery and Heineken: Judgment of the Court (Fifth Chamber) of 13 February 2025 (request for a preliminary ruling from the Hoge Raad der Nederlanden – Netherlands) – Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA (Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Article 8(1) – Multiple defendants – Claims so closely connected that it is expedient to hear and determine them together – Article 102 TFEU – Concept of an undertaking – Parent and subsidiary companies – Infringement committed by the subsidiary – Presumption of dominant influence exercised by the parent company – Joint and several liability – Decision of a national competition authority – Actions for compensation)
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62023CA0393
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Official Journal of the European Union
C series
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C/2025/1865
7.4.2025
(Case C-393/23,
Athenian Brewery and Heineken)
(Reference for a preliminary ruling - Judicial cooperation in civil and commercial matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Special jurisdiction - Article 8(1) - Multiple defendants - Claims ‘so closely connected’ that it is expedient to hear and determine them together - Article 102 TFEU - Concept of an ‘undertaking’ - Parent and subsidiary companies - Infringement committed by the subsidiary - Presumption of dominant influence exercised by the parent company - Joint and several liability - Decision of a national competition authority - Actions for compensation)
(C/2025/1865)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: Athenian Brewery SA, Heineken NV
Defendant: Macedonian Thrace Brewery SA
Operative part of the judgment
Article 8(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
must be interpreted as not precluding – in claims for a parent company and its subsidiary to be held jointly and severally liable to pay compensation for the damage suffered as a result of an infringement, by that subsidiary, of the competition rules – the court for the place of residence of the parent company seised of those claims from relying exclusively, in order to establish its international jurisdiction, on the presumption that where a parent company holds directly or indirectly all or almost all of the capital of the subsidiary that infringed the competition rules, it exercises a decisive influence over that subsidiary, provided that the defendants are not deprived of the possibility of relying on firm evidence suggesting either that that parent company did not hold directly or indirectly all or almost all of the capital of that subsidiary, or that that presumption should nevertheless be rebutted.
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(1) OJ C C/2023/115.
ELI: http://data.europa.eu/eli/C/2025/1865/oj
ISSN 1977-091X (electronic edition)
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