On 23 January 2015, the Belgian Supreme Court (Hof van Cassatie / Cour de cassation) quashed a judgment of the Brussels Court of Appeal which had dismissed a request for a renewal of interim measures.
These interim measures had been requested by Spira BVBA ("Spira"), a Belgium-based dealer of rough diamonds, in a dispute against De Beers UK and De Beers Auction Sales Belgium NV ("De Beers"), the world's largest producers of rough diamonds (see, VBB on Belgian Business Law , Volume 2014, No 11, available at www.vbb.com). Spira had complained before the European Commission and the Belgian Competition Authority (Belgische Mededingings-autoriteit / Autorité belge de la concurrence) ("BCA") that De Beers' "supplier of choice" system infringed competition law. In this context, the BCA ordered De Beers, by way of interim measure, to supply Spira. These interim measures were renewed. However, the renewal decision was annulled on appeal by the Brussels Court of Appeal in a judgment of 26 March 2013. Spira then brought the case before the Supreme Court.
The Supreme Court found that, pursuant to Article 62 of the former 2006 Competition Law, interim measures can be prolonged if the situation following the expiry of the interim measures requires it and insofar as the earlier decision is not undone. The Supreme Court found no legal grounds for the Court of Appeal's reasoning that, since the interim measures had expired on 30 April 2012, new interim measures could only be adopted in case of a change in the external circumstances surrounding the case.
The Supreme Court also disagreed with the Brussels Court of Appeal's finding that no interim measures could be decided as long as the case was pending at the EU level and could thus not be investigated by the BCA within the meaning of Article 62 of the 2006 Competition Law. The Supreme Court noted that the BCA had not adopted any decision closing the case and that the case was therefore still under investigation.
The Supreme Court thus quashed the judgment and sent the case back to the Brussels Court of Appeal.
