At a hearing before Lord Justices Jacob, Waller and Jonathan Parker on July 4, the Court of Appeal concluded that there were no grounds for such reference at this stage and that costs of the application should be awarded in Bell-Fruit Group’s favour.

The appeal hearing will take place before the middle of February, 2007.

Bell-Fruit Games’ Managing Director, John Austin, commented on the decision: “I am delighted with this outcome, as we feared the appeal hearing could have been delayed by up to two years while an ECJ reference was sought.”

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