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The Lisbon District Court (Tribunal Judicial da Comarca de Lisboa) has recently made the first preliminary reference to the ECJ regarding the Damages Directive.

In 2013, the Portuguese competition authority (“NCA”) fined Sport TV for abuse of dominant position in the Pay TV sports channels market between August 2006 and March 2011. The Court of Competition, Regulation and Supervision later annulled the decision of the NCA, but subsequently readopted it in June 2014. This decision was confirmed by the Lisbon Court of Appeal in March 2015.

In February 2015, Cogeco Cable filed a claim against Sport TV and its parent companies, Controlinveste and NOS, before the Lisbon District Court seeking compensation for the alleged damages suffered as a result of the infringement of EU competition law.

In the context of this damages action, the Portuguese court has requested the ECJ to make a preliminary ruling on certain questions concerning the application of the Damages Directive.

The referral was brought before the ECJ on 15 November 2017 and the information about the case (C-637/17) is not yet available in the ECJ’s website.

This post is also available in: Español

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