Order — ECLI:EU:C:2007:66
Date: 2007-01-26
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Exclusive agreements
Concepts: Networks in the motor vehicle sector
Procedure: Reference for a preliminary ruling
Origin: Austria

Reference for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 22 June 2006 - Auto Peter Petschenig GmbH v Toyota Frey Austria GmbH (Case C-273/06) Language of the case: German Referring court Handelsgericht Wien Parties to the main proceedings Applicant: Auto Peter Petschenig Gmbh Defendant: Toyota Frey Austria GmbH Questions referred 1. Is the first indent of Article 5(1)(1)(a) of Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements ('Regulation (EC) No 1475/95') 1 to be interpreted as meaning that the mere entry into force of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector ('Regulation (EC) No 1400/2002') 2 and the consequent mere adjustment of a distribution system, which was in line with Regulation (EC) No 1475/95 and was exempt under that regulation, to meet the requirements for exemption of a selective distribution system in accordance with Regulation (EC) No 1400/2002 is to be regarded as necessitating reorganisation within the meaning of the first indent in the first paragraph of Article 5(3) of Regulation (EC) No 1475/95? 2. If the answer to the first question is in the negative: Is the first indent in the first paragraph of Article 5(3) of Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements ('Regulation (EC) No 1475/95') to be interpreted as meaning that the mere loss - in relation to selective distribution systems - of the territorial protection previously afforded to authorised dealers, even if combined with the authorisation of repairers who are not authorised dealers in those makes, which was not previously allowed under Regulation (EC) 1475/95, represents reorganisation within the meaning of the first indent in the first paragraph of Article 5(3) of Regulation (EC) No 1475/95, or is it necessary to show that reorganising measures have actually been taken? ____________ 1 - OJ L 145, p. 25. 2 - OJ L 203, p. 30.