“… di Colzani Aimo e Gianmario Colzani v RÜWA Polstereimaschinen GmbH (“Salotti”) at [7]; Case C-543/10Refcomp v Axa Corporate Solutions (“Refcomp”) at [26]; and Case C-366/13Profit Investment Sim SpA v Ossi EU:C:2016:282;[2016] 1 WLR 3832(“Profit Investment”) at [24] to [28]). The formal requirements are to be interpreted strictly a…”
“…s view by the analogy Mr Berry sought to draw from the observations of the Court of Justice of the European Union (“CJEU”) in Profit Investment Sim SpA v Ossi (Case C-366/13) [2016] 1 WLR 3832, at [55], in the context of contract and a restitution claim – and, for that matter, I do not think that a simple “but for” test was applied…”