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Supreme Court to hear appeal on English courts’ duty of cooperation with EU institutions

02/11/18

The Supreme Court has granted permission to Romania to appeal against the judgment of the Court of Appeal in Micula & others v. Romania. The Court of Appeal’s judgment is described here.

The three grounds of appeal which will proceed are:

  1. That the Court of Appeal erred in its approach to assessing whether there was a risk of conflict with EU institutions.
  2. That, pursuant to its current duties under EU law, the Court of Appeal should not have ordered security subject to the jurisdiction of the Commercial Court because from Brexit day that court will no longer be bound to observe EU law.
  3. That, by ordering payment into court (or the provision of a guarantee) for the amount of the Award, the Court of Appeal erred in going further than the process of enforcement which it itself considered to be premature.

The Supreme Court has stayed the Court of Appeal’s order for security pending the determination of the appeal.

The European Commission has permission to intervene.

Marie Demetriou QC and Hugo Leith act for Mr Ioan Micula and several associated companies, instructed by White & Case LLP.  Robert O’Donoghue QC, Gerard Rothschild and Emily MacKenzie act for Romania, instructed by Thrings LLP.