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...

CJEU sets aside General Court in Commission v GEA (heat stabilisers cartel): single undertaking and joint liability clarified; no equal treatment breach; fine due from 2009 decision; case remitted

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Practice notes

CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 25 November 2020; it is no longer maintained. See further, timeline and related cases.

Case facts

Case C‑823/18, Commission v GEA Group, concerns an appeal challenging the General Court’s ruling in Case T‑640/16, which had annulled the Commission’s revised decision relating to the heat stabilisers cartel (AT.38589).

Latest development

On 25 November 2020, the Court of Justice delivered its judgment: it upheld the appeal, quashed the General Court’s judgment and remitted the matter to the General Court.

Parties

Appellant: European Commission (the Commission)
Defendant: GEA Group AG (GEA), a German provider of process technology serving the food sector and numerous other industries

Market(s)

Heat stabilisers, in solid or liquid form, are incorporated into polyvinyl chloride (PVC) products to enhance heat resistance. They also boost the flexibility, stiffness and clarity of finished PVC goods, and guard against loss of colour. The Commission’s decisions concerning the heat stabiliser cartel cover two classes of additives for PVC: (a) tin stabilisers; and (b) epoxidised soybean oil (ESBO) and esters...

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Web page updated on 21/05/2026

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