EWS (and ORR) v E.ON UK [2007] EWHC 599 (Comm)

High Court judgment (about 9 pages) by Field J deciding that EWS is entitled to a declaration that the effect of ORR's November 2006 decision that EWS had abused a dominant position in coal transport markets is the clauses identified by ORR as exclusionary in a long-term coal carriage contract between EWS and power station operator E.ON have been void from the inception of the contract, and that the whole of the contract is void and unenforceable as a result.

E.ON opposed the application as the prices in the contract are lower than current market prices. E.ON had agreed that the clauses could not be severed, but had argued that EWS' abuse did not prevent E.ON from enforcing its rights under the contract.

In parallel proceedings, the CAT is to hear on 19 April 2007 an appeal from E.ON against ORR's direction to E.ON and EWS to remove the offending clauses from the contract.

See Can a contract be void under Article 82? | viewpoint: Franck for a commentary on aspects of the High Court judgment.

For further information or advice please contact Franck Latrémolière.

Filed under ORR, Public transport, UK courts.

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