On April 16, 2026, the Court of Justice of the European Union (CJEU) issued its preliminary ruling in the joined cases Electricity & Water Authority of the Government of Bahrain and Others (Power Cables, C-672/23) and Smurfit Kappa Europe and Others (Cardboard Packaging, C-673/23). The ruling confirms and refines the so-called Sumal doctrine and its interaction with Article 8(1) of the Brussels I bis Regulation, with implications for companies facing competition damages litigation across the European Union (EU).
The judgment lowers the threshold for claimants to establish international jurisdiction in competition cases, extends potential liability exposure to intermediate holding companies, and confirms that claims for harm suffered outside the European Economic Area (EEA) are not automatically inadmissible. Companies with corporate group structures in the Netherlands — and, by analogy, in other EU Member States — should consider the implications of this ruling.