New Judgment: BCL Old Co. Ltd & Ors v BASF plc & Ors  UKSC 45
24 Wednesday Oct 2012
On appeal from:  EWCA Civ 1258.
Considers whether the Court of Appeal’s construction of the Competition Appeal Tribunal’s Rules regarding the power to extend the time limit for bringing a claim under the Competition Act 1998, s 47A was in breach of the principles of effectiveness and legal certainty required by EU law.
Unanimously dismissing the appeal, the Supreme Court held there was no failure to comply with the principles of effectiveness and legal certainty. What was required was that national law was sufficiently clear, precise and foreseeable as to enable individuals to ascertain their rights and obligations and exercise those rights without excessive difficulty. S 47A of the 1998 Act satisfied that test, as it is sufficiently clear, precise and foreseeable as to enable individuals to ascertain when the limitation period commences.