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Cousins UK domslut

hasselnot

hasselnot

Cartier
2-Faktor
Lite intressant läsning!

Swiss Court Rules against Swatch and in Favour of Cousins

Late yesterday afternoon, our lawyers in Zurich received the ruling we have been waiting for from the Court in Bern. I am pleased to advise you that the Judge has declared the claim that Swatch brought against us to be inadmissible under Swiss Law, and has dismissed the case.

Cousins had originally given Swatch three weeks to resupply spares, or face legal action to be brought by us in the High Court in London. Their response was to bring a pre-emptive Negative Declaratory Action against us in the Berne Court. What Swatch were asking for, was that a Swiss judge should rule that they had done nothing wrong under British and European law, and that they were not obliged to resupply us.

Clearly, the best place to determine what British law requires is in a British court, so it was immediately apparent to us that the Swatch claim in Bern was a blatant attempt to waste time, and avoid facing the consequences of their unlawful parts embargo on the independent repair trade. As we have explained in previous news releases, it is a requirement of Swiss law that anyone bringing a Negative Declaratory Action must firstly show that there was little prospect of their opponent bringing the matter before the courts in their own right. As the action that triggered Swatch to make this claim was Cousins letter declaring its intention to bring an action in the High Court, this requirement was not met, and it is for this reason that Swatch’s case has been thrown out by the Bern Court.

It is important to understand that the Bern Court has not given any opinion or ruling on whether or not Swatch are obliged to supply us with spares, only that this attempt by Swatch to drag the matter away from the High Court is not valid under Swiss Law.

We are very grateful to the Bern Court for the equitable manner in which they have dealt with this case. We now have to wait until the end of August whilst Swatch decide whether or not to appeal against this decision, and will then be able to explain further how this case will progress.

In the meantime, we urge all who work in the Independent Watch Repair sector to understand that it is possible to beat the industry giants, and to be assured that Cousins is staying in this fight until it is won.

Kind regards

Anthony Cousins
Managing Director, Cousins Material House Ltd.

Edit: Får se hur detta fortsätter.
 
hasselnot

hasselnot

Cartier
2-Faktor
Ungefär att cousins och andra som ottofrei fått sälja delar till t.ex omega så som viklås, glas och dylikt till kund innan swatchgroup tog över.
 
sveol

sveol

Cartier
Hoppas de vinner. Jag ser ett stort mervärde att handlare som dessa kan sälja original delar till ok priser. Köpte precis en fjäder till Omega bracelet, typ för ingenting. Tack cousins!
 
Margarinkungen

Margarinkungen

Viking Line
Friends Of KS
2-Faktor
Jäkla trist, vart ska vi vanliga hobby fixare hitta reservdelar om inte dom säljs på nätet.
Hoppas verkligen att det blir ett lyckligt slut på historien
 
differo

differo

Cartier
Väcker en gammal tråd med 'the latest':

Cousins are one step closer to the
British Courts
In both the investigations conducted by the EU Commission, it declined to give a ruling on the legality of the Swiss parts restrictions, and insisted that this matter should be ruled on at National level in each European member state. CEAHR, the European Confederation of the Watch & Clock Repairer’s Associations, (on which the British Horological Institute is the UK representative) challenged the outcome of both investigations. On the first occasion CEAHR won, successfully demonstrating that the Commission had not assessed the market dominance of the brands properly, however the challenge to the second investigation failed at the end of last year.

CEAHR, having very limited resources, had always taken the position that it was the responsibility of the EU Commission to conduct an investigation when a complaint was received. The view of the Commission was that it was CEAHR’s responsibility to provide the detailed evidence to show where the law was being broken. At the end of last year, the EU General Court agreed with Commission, and dismissed CEAHR’s second challenge. Initially, CEAHR lodged an appeal at the European Court of Justice against the General Court ruling, but the only permissible grounds for appeal would be if the General Court had made some form of procedural or other legal error and having looked deeper into this aspect CEAHR has now withdrawn its appeal.

The effect of all this activity is that the EU Commission decision requiring this matter to be resolved at National level stands, and for Cousins this is vindication of the strategy we have been following in our fight with Swatch. The Swiss Commercial Court has already ruled that Swatch’s attempt to have British and EU law decided in a Swiss court is not admissible, and we confidently expect that this decision will be upheld by a ruling that we expect in the next couple of months from the Swiss Federal Supreme Court. Once this decision is made, Cousins will be complying with the EU Commission requirements, and bringing its case along with all the evidence it has collected to the British courts.

We remain entirely confident that once the evidence is properly presented, the Courts will easily be able to see where the parts restrictions are breaking the law, and rule against these practices and in favour of open supply.

Best Regards

Anthony Cousins
Managing Director, Cousins Material House Ltd.

*****************

Inte undra varför Omega aldrig svarade på mina email om delar hos cousins :) hehhe - nu förstår jag verkligen varför.
 
Kessler

Kessler

Rolex
2-Faktor
De verkar ha förlorat? De har spännen, kronor och sånt till Omega på hemsidan men de står som "restricted" och går inte att köpa :(
 
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