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National courts should set rules on contract cancellation claims based on competition breaches, EU legal opinion says

( September 8, 2022, 11:07 GMT | Official Statement) -- MLex Summary: National courts should determine whether Repsol’s contracts with gas filling stations could be declared void on the basis of national antitrust decisions against the firm over fixing retail prices, an advocate general at the EU Court of Justice recommended today, in a non-binding legal opinion. Although it is up to national courts to lay down rules on the right to invalidate contracts based on competition infringements, national decisions should be used as “prima facie” evidence when the nature of the infringement and its material, personal, temporal and territorial scope coincide with that of the civil action, says the opinion by Giovanni Pitruzzella.See court opinion attached....

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