Leases: forfeiture
Leases: forfeiture
- 2000
- Estates Gazette Case Summaries [2000] EGCS 136 (2/12/00) .
"Whitbread plc v Falla" ChD 16 November 2000. Tenant (B) occupied a public house in Brighton under a 20-year lease granted by Whitbread (A). The lease contained provisions prohibiting the sale of beer not supplied by A or its nominees. A notified the European Commission of these provisions, and obtained an individual exemption from Article 85 (now 81) of the European Treaty. B applied to the European Court to have the Commission decision annuled. A took proceedings to forfeit the lease and obtained summary judgment for possession at a hearing before a master of the ChD. The master imposed a stay of execution pending the outcome of B's application to the European Court. A appealed. Appeal allowed.
WHITBREAD PLC V FALLA
LEASES
EXEMPTIONS
EUROPEAN COURT
FORFEITURE
PUBLIC HOUSES
BEER SUPPLIES
"Whitbread plc v Falla" ChD 16 November 2000. Tenant (B) occupied a public house in Brighton under a 20-year lease granted by Whitbread (A). The lease contained provisions prohibiting the sale of beer not supplied by A or its nominees. A notified the European Commission of these provisions, and obtained an individual exemption from Article 85 (now 81) of the European Treaty. B applied to the European Court to have the Commission decision annuled. A took proceedings to forfeit the lease and obtained summary judgment for possession at a hearing before a master of the ChD. The master imposed a stay of execution pending the outcome of B's application to the European Court. A appealed. Appeal allowed.
WHITBREAD PLC V FALLA
LEASES
EXEMPTIONS
EUROPEAN COURT
FORFEITURE
PUBLIC HOUSES
BEER SUPPLIES