Jurisdiction(s):
United Kingdom

Key definition

Guardian definition

What does Guardian mean? A guardian is the person legally authorised to make decisions about a child’s care, residence, education and medical treatment when a parent cannot. In child law this is a statutory concept (Children Act 1989; Children (Northern Ireland) Order 1995; Children (Scotland) Act 1995; Guardianship of Infants Act 1964 (Ireland)) and a descriptive term used across private children proceedings. A parent or other person with parental responsibility or parental responsibilities and rights (PR/PRRs) may appoint a testamentary guardian by will or written instrument. In England and Wales and Northern Ireland, that appointment takes effect on the appointor’s death only...

Guardian v Commission (C-580/12 P, Flat Glass): CJEU clarifies captive/internal sales in fine calculation; reduces fine; remedy for unreasonable delay is damages before the General Court

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub sets out the position as at the judgment dated 12 November 2018; it is no longer updated. For more detail, see the timeline, commentary and related/relevant cases.

Case facts

guardian Industries Corp and Guardian Europe Sàrl (together, Guardian) appealed the General Court’s ruling which rejected Guardian’s action seeking partial annulment of the commission’s decision of 28 November 2011. That decision fined Guardian for taking part in a cartel concerning the supply of flat glass in the EEA (the ‘Flat glass cartel’).

Outline

On 12 November 2014, the Court of Justice partly overturned the General Court’s judgment and lowered Guardian’s penalty from €148m to €103.6m. The dispute addresses how captive sales are treated when calculating fines and also the requirement that courts rule within a reasonable time.

Parties

Appellants:

Guardian Industries Corp
Guardian Europe Sàrl

Other party: European Commission

Guardian Industries Corp and Guardian Europe Sàrl belong to the Guardian Group, which is active in the production of flat glass and automotive glass...

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