Judgment of the Court (First Chamber) of 6 February 1986. - Procureur de la République et directeur départemental de la concurrence et de la consommation v J. Chiron and others. - References for a preliminary ruling: Tribunal de grande instance de La Roche-sur-Yon - France. - National rules on fuel prices. - Joined cases 271 to 274/84, 6 and 7/85.



European Court reports 1986 Page 00529



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

1 . COMPETITION - COMMUNITY RULES - NATIONAL RULES ON THE PRICE OF FUEL - COMPATIBILITY

( EEC TREATY , ARTS 3 ( F ) AND 5 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES ON THE PRICE OF FUEL - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

Summary

1 . ARTICLES 3 ( F ) AND 5 OF THE EEC TREATY DO NOT PROHIBIT NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL .

2 . ARTICLE 30 OF THE EEC TREATY PROHIBITS NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTH ORITIES FOR THE RETAIL SALE OF FUEL WHERE THE MINIMUM PRICE IS FIXED ON THE BASIS SOLELY OF THE EX-REFINERY PRICES OF THE NATIONAL REFINERIES AND WHERE THOSE EX-REFINERY PRICES ARE IN TURN LINKED TO THE CEILING PRICE WHICH IS CALCULATED ON THE BASIS SOLELY OF THE COST PRICES OF NATIONAL REFINERIES WHEN THE EUROPEAN FUEL RATES ARE MORE THAN 8% ABOVE OR BELOW THOSE PRICES .

Parties

IN JOINED CASES 271 TO 274/84 AND 6 AND 7/85

REFERENCES TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL DE GRANDE INSTANCE ( REGIONAL COURT ), ROCHE-SUR-YON , FOR A PRELIMINARY RULING IN THE CRIMINAL PROCEEDINGS BROUGHT BEFORE THAT COURT BY

PROCUREUR DE LA REPUBLIQUE ( PUBLIC PROSECUTOR ) AND DIRECTEUR DEPARTEMENTAL DE LA CONCURRENCE ET DE LA CONSOMMATION ( REGIONAL DIRECTOR FOR COMPETITION AND CONSUMER AFFAIRS )

AGAINST

( 1 ) J . CHIRON AND OTHERS ,

( 2 ) M . BYROTHEAU AND H . VINCENDEAU ,

AND THE DEFENDANTS IN CIVIL LAW , FONTENAY DISTRIBUTION SA AND SHEDIS AVENUE SA ,

Subject of the case

ON THE INTERPRETATION OF ARTICLES 3 ( F ), 5 AND 30 OF THE EEC TREATY ,

Grounds

1 BY JUDGMENTS OF 8 OCTOBER 1984 AND 19 NOVEMBER 1984 , WHICH WERE RECEIVED AT THE COURT ON 20 NOVEMBER 1984 AND 14 JANUARY 1985 RESPECTIVELY , THE TRIBUNAL DE GRANDE INSTANCE , ROCHE-SUR-YON , REFERRED TO THE COURT FOR A PRELIMINARY RULING IDENTICAL QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLES 3 ( F ), 5 AND 30 OF THE EEC TREATY , IN ORDER TO ENABLE IT TO DETERMINE WHETHER NATIONAL RULES IMPOSING A MINIMUM PRICE ON THE SALE OF FUEL TO CONSUMERS ARE COMPATIBLE WITH COMMUNITY LAW .

2 THE QUESTIONS WERE RAISED IN THE CONTEXT OF CRIMINAL PROCEEDINGS BROUGHT AGAINST MR CHIRON , MANAGING DIRECTOR OF CENTRE LECLERC , MONTAIGU ( CASE 271/84 ), MR PEROUSE , MANAGING DIRECTOR OF CENTRE LECLERC , FONTENAY-LE-COMTE ( CASE 272/84 ), MR JAUD , MANAGING DIRECTOR , AND MR PROUTEAU , ACCOUNTANT , OF SODIROCHE SA , ROCHE-SUR-YON ( JOINED CASES 273 AND 274/84 ), MR BYROTHEAU , MANAGING DIRECTOR OF INTERMARCHE SA , FONTENAY-LE-COMTE ( CASE 6/85 ) AND MR VINCENDEAU , MANAGING DIRECTOR OF SHEDIS AVENUE SA , LES HERBIERS ( CASE 7/85 ). THE AFOREMENTIONED PERSONS ARE ACCUSED , IN THEIR STATED CAPACITIES , INTER ALIA , OF HAVING CHARGED UNLAWFUL PRICES BY SELLING OR OFFERING FOR SALE FUEL AT PRICES BELOW THE MINIMUM PRICE FIXED BY THE RULES CONCERNING FUEL PRICES .

3 THE ACCUSED DID NOT DISPUTE THE SUBSTANCE OF THE FACTS ALLEGED AGAINST THEM BUT ASKED TO BE ACQUITTED ON THE GROUND THAT THE FRENCH RULES CONCERNING FUEL PRICES , IN PARTICULAR MINISTERIAL DECREES NOS 82-12 AND 82-13/A OF 29 APRIL 1982 , WERE IN CONFLICT WITH COMMUNITY LAW AND THEREFORE INAPPLICABLE .

4 IN THOSE CIRCUMSTANCES THE TRIBUNAL DE GRANDE INSTANCE , ROCHE-SUR-YON , CONSIDERED IT NECESSARY TO REFER TO THE COURT OF JUSTICE THE FOLLOWING QUESTIONS FOR A PRELIMINARY RULING :

' MUST ARTICLES 3 ( F ) AND 5 OF THE TREATY OF 25 MARCH 1957 ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY BE INTERPRETED AS PROHIBITING THE ESTABLISHMENT IN A MEMBER STATE , BY MEANS OF LAWS OR REGULATIONS , OF MINIMUM SELLING PRICES FOR ' ' REGULAR ' ' AND ' ' SUPER ' ' PETROL?

CAN THE FIXING OF SUCH MINIMUM PRICES CONSTITUTE A QUANTITATIVE RESTRICTION ON IMPORTS OR A MEASURE HAVING THE EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY?

'

5 IN ITS JUDGMENT OF 29 JANUARY 1985 IN CASE 231/83 ( CULLET V CENTRE LECLERC TOULOUSE , ( 1985 ) ECR 305 ) THE COURT HAS ALREADY EXAMINED THE SAME QUESTIONS WHICH WERE RAISED IN THE CONTEXT OF PROCEEDINGS RELATING TO THE SAME NATIONAL RULES . THE DETAILS OF THE RULES WERE GIVEN TO THE COURT ON THAT OCCASION AND IT WAS THEN ABLE TO GIVE AN INTERPRETATION OF THE RELEVANT PROVISIONS OF COMMUNITY LAW .

6 AT THE END OF THAT EXAMINATION THE COURT CAME TO THE FOLLOWING CONCLUSIONS :

ARTICLES 3 ( F ) AND 5 OF THE EEC TEATY DO NOT PROHIBIT NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL ;

ARTICLE 30 OF THE EEC TREATY PROHIBITS SUCH RULES WHERE THE MINIMUM PRICE IS FIXED ON THE BASIS SOLELY OF THE EX-REFINERY PRICES OF THE NATIONAL REFINERIES AND WHERE THOSE EX-REFINERY PRICES ARE IN TURN LINKED TO THE CEILING PRICE WHICH IS CALCULATED ON THE BASIS SOLELY OF THE COST PRICES OF NATIONAL REFINERIES WHEN THE EUROPEAN FUEL RATES ARE MORE THAN 8% ABOVE OR BELOW THOSE PRICES .

7 SINCE THERE APPEARS TO BE NO NEW FACTOR IN THE PRESENT CASE REFERENCE SHOULD BE MADE , WITH REGARD TO THE REPLIES TO BE GIVEN TO THE TRIBUNAL DE GRANDE INSTANCE , ROCHE-SUR-YON , AND TO THE CONSIDERATIONS WHICH LED TO THOSE REPLIES , TO THE TEXT OF THE AFOREMENTIONED JUDGMENT OF 29 JANUARY 1985 , A COPY OF WHICH IS ANNEXED HERETO .

Decision on costs

COSTS

8 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , A STEP IN THE PROCEEDINGS BROUGHT BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

Operative part

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER ),

IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNAL DE GRANDE INSTANCE , ROCHE-SUR-YON , BY JUDGMENTS OF 8 OCTOBER 1984 AND 19 NOVEMBER 1984 , HEREBY RULES :

( 1 ) ARTICLES 3 ( F ) AND 5 OF THE EEC TREATY DO NOT PROHIBIT NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL ;

( 2 ) ARTICLE 30 OF THE EEC TREATY PROHIBITS SUCH RULES WHERE THE MINIMUM PRICE IS FIXED ON THE BASIS SOLELY OF THE EX-REFINERY PRICES OF THE NATIONAL REFINERIES AND WHERE THOSE EX-REFINERY PRICES ARE IN TURN LINKED TO THE CEILING PRICE WHICH IS CALCULATED ON THE BASIS SOLELY OF THE COST PRICES OF NATIONAL REFINERIES WHEN THE EUROPEAN FUEL RATES ARE MORE THAN 8% ABOVE OR BELOW THOSE PRICES .