# C_2013178EN.01000201.xml

| 22.6.2013 | EN | Official Journal of the European Union | C 178/2 |
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22.6.2013

EN

Official Journal of the European Union

C 178/2

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Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 March 2013 — Bright Service, S.A. v Repsol Comercial de productos petrolíferos, S.A.

(Case C-142/13)

2013/C 178/02

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings

Parties to the main proceedings

Applicant: Bright Service, S.A.

Applicant:

Defendant: Repsol Comercial de productos petrolíferos, S.A.

Defendant:

Questions referred

Questions referred

When examining a vertical agreement — containing a non-compete obligation — which [was] already in force on 31 May 2000 and which satisfies the conditions laid down in Regulation No 1984/1983, (1) but which does not satisfy the conditions for exemption provided for in Regulation No 2790/1999, (2) given that the supplier which is a party to the agreement holds a market share which exceeds 30 % (Article 3(1) of Regulation No 2790/1999) and the duration of the non-compete obligation exceeds five years and the contract goods are sold by the buyer from premises and land which are not owned by the supplier (Article 5(a) of Regulation No 2790/1999):

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| (a) | must Article 12(2) of Regulation No 2790/1999 be interpreted as meaning that, as of 1 January 2002, the agreement and, more specifically, the non-compete obligation, are not covered by the exemptions provided for in Regulations Nos 1984/1983 and 2790/1999, and must it be examined on an individual basis whether they are consistent with Article 81(1) EC? |
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(a)

must Article 12(2) of Regulation No 2790/1999 be interpreted as meaning that, as of 1 January 2002, the agreement and, more specifically, the non-compete obligation, are not covered by the exemptions provided for in Regulations Nos 1984/1983 and 2790/1999, and must it be examined on an individual basis whether they are consistent with Article 81(1) EC?

| (b) | or, must Article 12(2) of Regulation No 2790/1999 be interpreted as meaning that the maximum duration of five years for a non-compete obligation laid down in Article 5(a) of Regulation No 2790/19999 is to be applied to the agreement, with the result that the agreement and, in particular, the non-compete obligation are covered, from 1 January 2002, for a further period of five years expiring on 31 December 2006? |
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(b)

or, must Article 12(2) of Regulation No 2790/1999 be interpreted as meaning that the maximum duration of five years for a non-compete obligation laid down in Article 5(a) of Regulation No 2790/19999 is to be applied to the agreement, with the result that the agreement and, in particular, the non-compete obligation are covered, from 1 January 2002, for a further period of five years expiring on 31 December 2006?

| (c) | or, finally, must Article 12(2) of Regulation No 2790/1999 be interpreted as meaning that the agreement containing a non-compete obligation is covered, from 1 January 2002, for a further period of five years, expiring on 31 December 2006, where the remaining validity of the non-compete obligation — until 1 January 2002 — does not exceed five years, but is not, by contrast, covered by the exemptions, and that it needs to be determined on an individual basis whether it is consistent with Article 81(1) EC where the remaining validity of the non-compete obligation — until 1 January 2002 — exceeds five years? |
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(c)

or, finally, must Article 12(2) of Regulation No 2790/1999 be interpreted as meaning that the agreement containing a non-compete obligation is covered, from 1 January 2002, for a further period of five years, expiring on 31 December 2006, where the remaining validity of the non-compete obligation — until 1 January 2002 — does not exceed five years, but is not, by contrast, covered by the exemptions, and that it needs to be determined on an individual basis whether it is consistent with Article 81(1) EC where the remaining validity of the non-compete obligation — until 1 January 2002 — exceeds five years?

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(1)  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).

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(2)  Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L 336, p. 21).

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