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Manfredi v Lloyd Adriatico Assicurazioni SpA, Reference for a preliminary ruling, Case C-295/04, Case C-296/04, Case C-297/04, Case C-298/04, ECLI:EU:C:2006:461, [2006] ECR I-6619, [2006] 5 CMLR 980, [2006] 5 CMLR 17, [2007] All ER (EC) 27, [2007] RTR 7, OCL 197 (EU 2006), 13th July 2006, Court of Justice of the European Union [CJEU]; European Court of Justice [ECJ]; European Court of Justice (3rd Chamber)

Reporter(s)

Anne MacGregor, Aoife Coll

Manfredi v Lloyd Adriatico Assicurazioni SpA, Reference for a preliminary ruling, Case C-295/04, Case C-296/04, Case C-297/04, Case C-298/04, ECLI:EU:C:2006:461, [2006] ECR I-6619, [2006] 5 CMLR 980, [2006] 5 CMLR 17, [2007] All ER (EC) 27, [2007] RTR 7, OCL 197 (EU 2006), 13th July 2006, Court of Justice of the European Union [CJEU]; European Court of Justice [ECJ]; European Court of Justice (3rd Chamber)

Whether defendant undertakings could be sued for damages by third parties as a result of harm caused by an agreement prohibited by Article 101 TFEU—then Article 81 of the Treaty Establishing the European Community

Whether Article 101 TFEU entitled third parties to rely on the invalidity of an agreement and claim damages for harm where there was a causal relationship between an agreement or concerted practice and the harm.

Whether, for the purposes of a limitation period for bringing an action for damages, Article 101 TFEU meant that time began on the day on which the agreement or concerted practice was adopted or the day on which the agreement or concerted practice came to an end.

Whether Article 101 TFEU could be interpreted to mean that where a national court found damages to be lower than the economic advantage gained by the infringing party to the prohibited agreement or concerted practice punitive damages should also be made available to third parties in order to deter the adoption of agreements or concerted practices prohibited under Article 101 TFEU.

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