Jurisdiction(s):
United Kingdom

Key definition

Set aside definition

What does Set aside mean? In practice, to set aside means the court vacates (cancels) a judgment, order or procedural step so the case reverts to the position before it was made or taken. The expression is used across civil and insolvency procedure and reflected in court rules and case law rather than a single statutory definition. Usage is broadly consistent in England & Wales, Northern Ireland and Ireland; in Scotland the equivalent remedies are “recall” (of decree/interlocutor) or “reduction”, though practitioners may use “set aside” descriptively. Typical applications to set aside include: default judgment; orders made without notice (ex parte); steps taken following irregular service...

EU cartel liability following asset transfers: CJEU sets aside General Court in Commission v Parker Hannifin (marine hoses), clarifying economic continuity and duty to state reasons on fines

Published by a LexisNexis Competition expert

Practice notes

CASE HUB (date of judgment—18/12/2014)

For further information: timeline, commentary and related/relevant cases. ARCHIVED — this archived entry captures the position as at the decision date of 18 December 2014 and is no longer maintained.

Case facts Outline

An appeal was lodged by the Commission against the General Court’s judgment, which had in part annulled the Commission decision of 28 January 2009 and lowered the fine imposed on Parker ITR for its involvement in a worldwide cartel concerning the supply of marine hose between 1986 and 2007 (‘Marine hoses cartel’). On 18 December 2014, the Court of Justice upheld the Commission’s appeal, Set aside the General Court’s judgment (paragraphs 1, 2 and 3 of the operative part of the judgment) and sent the case back to the General Court...

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Web page updated on 21/05/2026

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