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Court overturns MyFerryLink Ban
Cross-Channel ferry service MyFerryLink can continue operating between Calais and Dover, Court of Appeal rules
EUROTUNNEL’S cross-Channel ferry service MyFerryLink can continue operating between Calais and Dover after the Court of Appeal upheld the case against the closure of the operation.
The company was told in January that it must quit the cross-Channel ferry market (CMA)following a ruling by the Competition Appeal Tribunal.
But, in a decision hailed as, “excellent news for shipping operations under the French flag and for jobs in Calais” by France’s Secretary of State for Transport, Sea and Fisheries, Alain Vidal, judges at the Court of Appeal yesterday overturned that decision.
The long-running legal battle rested on the manner in which Eurotunnel took control of MyFerryLink’s three ships, which had previously belonged to SeaFrance, the ferry operator that went into liquidation in 2012.
The CMA argued that Eurotunnel’s purchase of the ferries meant that enjoyed more than half the market share of Channel crossings when rail link and ferry operations were considered together.
But the judges agreed with SCOP, the workers’ co-operative employed by Eurotunnel to run MyFerryLink, which argued that the purchase of the ferries should be treated as an acquisition rather than a merger under UK law.
They ruled that there had been no formal merger between Eurotunnel and MyFerryLink.
MyFerryLink director Raphael Doutrebente said: “The decision represents a significant victory both for our dedicated employees and for our customers, who will continue to benefit from healthy competition on the short sea route.
“This should now spell the end of the road for the CMA’s attempts to suppress the MyFerryLink business, which has always sought to deliver a high quality and reliable service for its customers.”
The CMA said in a statement: “The CMA notes today’s judgment by the Court of Appeal upholding a challenge to its ability to bar Eurotunnel from running its MyFerryLink service out of Dover.
“The Competition and Markets Authority (CMA) will study the judgment carefully and consider its next steps.”
Following January’s ruling, Eurotunnel put its three ships up for sale and is, reportedly, considering “several offers” despite yesterday’s decision.
