Victory for ABB in the Netherlands: availability of ‘passing-on defence’ in follow-on damage claim proceedings confirmed for the first time.
Freshfields Bruckhaus Deringer has represented ABB, a global leader in power and automation technologies, before the Court of Appeals of Arnhem-Leeuwarden (the Netherlands) in a successful appeal concerning the ‘passing-on defence’ in follow-on damage claim proceedings.
In its judgment of 2nd September 2014, the Court of Appeals of Arnhem-Leeuwarden (the Netherlands) ruled that it clearly follows from EU case law, EU declared policy and Dutch civil law that claimants in cartel damages proceedings should not be overcompensated.