Jurisdiction(s):
United Kingdom

Key definition

Waiver definition

What does Waiver mean? In practice, waiver describes a party choosing not to insist on strict contractual performance, thereby giving up, temporarily or permanently, a contractual right or remedy. It is a descriptive, case law concept used across contract law and procedure in England & Wales, Scotland, Northern Ireland and Ireland. Key features: - Express or implied by conduct, but intention must be clear and unequivocal. - May occur before or after breach. After breach, not exercising a right to terminate is often called an election or affirmation (a waiver of the termination right). - A one‑off indulgence usually suspends strict performance and can be withdrawn...

EU General Court limits Commission’s discretion on waiving airline merger commitments; partial annulment (Zurich-Stockholm), refusal upheld (Zurich-Warsaw) in Lufthansa v Commission

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Practice notes

CASE HUB ARCHIVED

This archived case hub reflects the position as at the judgment dated 16 May 2018 and is no longer maintained. See the timeline, commentary and related cases.

Case facts

Outline

An appeal was brought before the General Court challenging the European Commission’s refusal to grant a partial Waiver of commitments accepted in Case M.3770 Lufthansa/Swiss.

Latest development

On 16 May 2018, the General Court delivered its judgment and partially annulled the Commission’s decision rejecting the request for a partial waiver of commitments in Case M.3770 Lufthansa/Swiss. The Court found the Commission had not assessed all relevant material, including the termination of a Joint venture agreement, and had failed to consider a shift in its Policy regarding the evaluation of codeshare agreements. Consequently, it annulled the decision insofar as it rejected the waiver for the Zurich–Stockholm route, where contractual relationships had changed since the original acceptance of commitments. However, it upheld the decision concerning the Zurich–Warsaw route, as there had been no comparable change in those contractual relationships...

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Web page updated on 21/05/2026

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