# C_2006331EN.01000902.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/9 |
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30.12.2006

EN

Official Journal of the European Union

C 331/9

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Judgment of the Court (Third Chamber) of 14 December 2006 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Confederación Española de Empresarios de Estaciones de Servicio v Compañía Española de Petróleos SA

(Case C-217/05) (1)

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(Competition - Agreements, decisions and concerted practices - Agreements between undertakings - Article 85 of the EEC Treaty (subsequently Article 85 of the EC Treaty and now Article 81 EC) - Articles 10 to 13 of Regulation (EEC) No 1984/83 - Exclusive fuel purchasing agreements designated ‘sales guarantee commission arrangements’ and ‘agency contracts’ between service-station operators and oil companies)

(2006/C 331/15)

Language of the case: French

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Confederación Española de Empresarios de Estaciones de Servicio

Applicant:

Defendant: Compañía Española de Petróleos SA,

Defendant:

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Articles 10 to 13 of Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive purchasing agreements (OJ 1983 L 173, p. 5) — Contracts for the exclusive distribution of motor-vehicle and other fuels classified as agency or commission contracts but including certain particular features

Operative part of the judgment

| 1. | Article 85 of the EEC Treaty (subsequently Article 85 of the EC Treaty and now Article 81 EC) applies to an agreement for the exclusive distribution of motor-vehicle and other fuels, such as that at issue in the main proceedings, concluded between a supplier and a service-station operator where that operator assumes, to a non-negligible extent, one or more financial and commercial risks linked to the sale to third parties. |
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1.

Article 85 of the EEC Treaty (subsequently Article 85 of the EC Treaty and now Article 81 EC) applies to an agreement for the exclusive distribution of motor-vehicle and other fuels, such as that at issue in the main proceedings, concluded between a supplier and a service-station operator where that operator assumes, to a non-negligible extent, one or more financial and commercial risks linked to the sale to third parties.

| 2. | Articles 10 to 13 of Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive purchasing agreements must be interpreted as not covering such an agreement in so far as it requires the service-station operator to charge the final retail price stipulated by the supplier. |
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2.

Articles 10 to 13 of Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive purchasing agreements must be interpreted as not covering such an agreement in so far as it requires the service-station operator to charge the final retail price stipulated by the supplier.

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(1)  OJ C 193, 6.8.2005.

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