In these proceedings, the claimants applied for permission to serve the third defendant (D3) out of the jurisdiction and D3 issued in effect a cross-application for an order that the Court should decline jurisdiction over it.
The Court granted permission to serve the proceedings out of the jurisdiction on D3 as regards the claim under Treaty on the Functioning of the European Union, art 102/Ch II, “provided that that claim was amended so as to restrict it to cover the refusal or suspension of access to the Play Store and AdMob services in the EU”. Roth J refused permission as regards to the claim under art 101/Ch I.
Nicholas Gibson and Rhodri Thompson QC were involved in this case.