Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 26 June 2025 – Deutsche Lufthansa A.G. and Others

(Case C-426/25, Stichting Cartel Compensation and Others)

(C/2026/1327)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellants: Deutsche Lufthansa A.G., Lufthansa Cargo A.G., British Airways PLC, Swiss International Air Lines A.G.

Respondents: Stichting Cartel Compensation, Equilib Netherlands B.V.

Question referred

Does European Union law, in particular the principle of effectiveness, mean that – for the purposes of determining the applicable law – a single and continuous infringement of Article 101 TFEU, Article 53 of the EEA and Article 8 of the Swiss Agreement (1) must be classified as unlawful conduct (an event causing harm) giving rise to a single claim for damages (follow-on claim) for each injured party, which may include several losses (transactions)? Or is this classification left to the law of the Member States and are they free to determine, for example, that such an infringement is to be classified as unlawful conduct (an event causing harm) giving rise to a separate claim for damages (follow-on claim) per transaction?

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(1)  Agreement between the European Community and the Swiss Confederation on Air Transport (OJ 2002 L 114, p. 73).