Case C-673/23, Smurfit Kappa Europe and Others: Request for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands) lodged on 13 November 2023 — Smurfit Kappa Europe BV and Others v Unile...

Official Journal of the European Union EN C series C/2024/2006 18.3.2024 Request for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands) lodged on 13 November 2023 — Smurfit Kappa Europe BV and Others v Unilever Europe BV and Others (Case C-673/23, Smurfit Kappa Europe and Others) (C/2024/2006) Language of the case: Dutch Referring court Gerechtshof Amsterdam Parties to the main proceedings Applicants: Smurfit Kappa Europe BV, Smurfit International BV, Smurfit Kappa Italia SpA, DS Smith Italy BV, DS Smith plc, DS Smith Packaging Italia SpA, DS Smith Holding Italia SpA, Toscana Ondulati SpA Defendants: Unilever Europe BV, Unilever Supply Chain Company AG, Unilever Italy Holdings Srl Questions referred Question 1a. Is there a close connection within the meaning of Article 8(1) of the Brussels I bis (1) Regulation between: (i) on the one hand, a claim against a lead defendant (also known as: anchor defendant) that is not an addressee of a cartel decision of a national competition authority but, as an entity alleged to belong to the undertaking within the meaning of European competition law (the ‘Undertaking’), is held liable upstream for the established infringement of the Union law cartel prohibition and, (ii) on the other hand, a claim against: (A) a co-defendant who is an addressee of that decision, and/or (B) a co-defendant who is not an addressee of the decision in respect of which it is alleged that, as a legal entity, it belongs to...