Keywords

Summary



Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS - ASSESSMENT OF RELEVANCE OF QUESTIONS RAISED - CONDITIONS

( EEC TREATY , ART . 177 )

2 . REFERENCES FOR A PRELIMINARY RULING - BRINGING A MATTER BEFORE THE COURT - QUESTION RAISED BY NATIONAL COURT OF ITS OWN MOTION - PERMISSIBILITY

( EEC TREATY , ART . 177 )

3 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PROHIBITION - CONDITIONS - EFFECT ON TRADE BETWEEN MEMBER STATES - ADVERSE EFFECT ON COMPETITION

( EEC TREATY , ART . 85 ( 1 ))

4 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EFFECT ON TRADE BETWEEN MEMBER STATES - EXCLUSIVE DISTRIBUTION AGREEMENT EXTENDING THROUGHOUT NATIONAL TERRITORY - AGREEMENT RESTRICTED TO DISTRIBUTION OF NATIONAL PRODUCTS - APPRECIABLE EFFECT ON TRADE

( EEC TREATY , ART . 85 ( 1 ))

5 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EFFECT ON THE MARKET - EXCLUSIVE DISTRIBUTION AGREEMENT EXTENDING THROUGHOUT NATIONAL TERRITORY - AGREEMENT RESTRICTED TO DISTRIBUTION OF NATIONAL NEWSPAPERS AND PERIODICALS - APPRECIABLE EFFECT ON THE MARKET - CRITERIA

( EEC TREATY , ART . 85 ( 1 ))

6 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - DOMINANT POSITION - SELECTIVE DISTRIBUTION AGREEMENT - PERMISSIBILITY - CONDITIONS - OBJECTIVE AND UNIFORM CRITERIA

( EEC TREATY , ARTS 85 ( 1 ) AND 86 )

7 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PROHIBITION - EXEMPTION - BLOCK EXEMPTION - EXCLUSIVE DISTRIBUTION AGREEMENT BETWEEN TRADE UNION ASSOCIATIONS - EXEMPTION PRECLUDED

( EEC TREATY , ART . 85 ( 3 ); REGULATION NO 19/65 OF THE COUNCIL , ART . 1 ; REGULATION NO 67/67 OF THE COMMISSION , ART . 1 )

Summary

1 . ARTICLE 177 OF THE EEC TREATY , WHICH IS BASED ON A DISTINCT SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE , DOES NOT ALLOW THE LATTER TO CRITICIZE THE REASONS FOR THE REFERENCE . CONSEQUENTLY , A REQUEST FROM A NATIONAL COURT MAY BE REJECTED ONLY IF IT IS QUITE OBVIOUS THAT THE INTERPRETATION OF COMMUNITY LAW OR THE EXAMINATION OF THE VALIDITY OF A RULE OF COMMUNITY LAW SOUGHT BY THAT COURT BEARS NO RELATION TO THE ACTUAL NATURE OF THE CASE OR TO THE SUBJECT-MATTER OF THE MAIN ACTION .

2 . IN PROVIDING THAT A REFERENCE FOR A PRELIMINARY RULING MAY BE SUBMITTED TO THE COURT WHERE ' ' A QUESTION IS RAISED BEFORE ANY COURT OR TRIBUNAL OF A MEMBER STATE ' ' , THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 177 OF THE EEC TREATY ARE NOT INTENDED TO RESTRICT THIS PROCEDURE EXCLUSIVELY TO CASES WHERE ONE OR OTHER OF THE PARTIES TO THE MAIN ACTION HAS TAKEN THE INITIATIVE OF RAISING A POINT CONCERNING THE INTERPRETATION OR THE VALIDITY OF COMMUNITY LAW , BUT ALSO EXTEND TO CASES WHERE A QUESTION OF THIS KIND IS RAISED BY THE NATIONAL COURT OR TRIBUNAL ITSELF WHICH CONSIDERS THAT A DECISION THEREON BY THE COURT OF JUSTICE IS ' ' NECESSARY TO ENABLE IT TO GIVE JUDGMENT ' ' .

3 . AN AGREEMENT WHICH MAKES IT POSSIBLE TO FORESEE , ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR OF FACT , WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE , DIRECT OR INDIRECT , ACTUAL OF POTENTIAL , ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES AND WHICH HAS AS ITS OBJECT OR EFFECT THE RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET , COMES WITHIN THE PROHIBITION LAID DOWN BY ARTICLE 85 ( 1 ) OF THE EEC TREATY .

4 . AN AGREEMENT PROVIDING FOR THE EXCLUSIVE DISTRIBUTION OF NATIONAL PRODUCTS ON THE TERRITORY OF A MEMBER STATE AND INVOLVING , INTER ALIA , THE APPLICATION OF A SELECTIVE DISTRIBUTION CLAUSE WHEREBY ONLY APPROVED RETAILERS HAVE ACCESS TO SUPPLIES MAY , BY ITS VERY NATURE , HAVE THE EFFECT OF REINFORCING THE PARTITIONING OF THE MARKET ON A NATIONAL BASIS , THEREBY IMPEDING THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING NATIONAL PRODUCTION .

EVEN IF THE SOLE SUBJECT-MATTER OF THE AGREEMENT IN QUESTION IS THE DISTRIBUTION OF NATIONAL PRODUCTS AND THE AGREEMENT IS NOT CONCERNED WITH THE DISTRIBUTION OF SIMILAR PRODUCTS FROM OTHER MEMBER STATES , A CLOSED-CIRCUIT DISTRIBUTION SYSTEM APPLYING TO MOST OF THE SALES OUTLETS FOR NATIONAL PRODUCTS ON NATIONAL TERRITORY MAY , WHEN THOSE OUTLETS ARE AT THE SAME TIME THOSE WHERE PRODUCTS FROM OTHER MEMBER STATES ARE NORMALLY SOLD , ALSO HAVE REPERCUSSIONS ON THE DISTRIBUTION OF THOSE PRODUCTS .

SUCH AN AGREEMENT IS THEREFORE CAPABLE OF AFFECTING , AS FAR AS THE PRODUCTS IN QUESTION ARE CONCERNED , TRADE BETWEEN MEMBER STATES . HOWEVER , IT ESCAPES THE PROHIBITION LAID DOWN BY ARTICLE 85 ( 1 ) OF THE EEC TREATY IF IT HAS NO APPRECIABLE EFFECT ON SUCH TRADE .

5 . IN THE CASE OF NEWSPAPERS AND PERIODICALS , AN ASSESSMENT OF THE APPRECIABILITY OF THE EFFECTS WHICH A DISTRIBUTION AGREEMENT MAY HAVE IN THE TERRITORY OF A MEMBER STATE ON THE MARKET IN SUCH PUBLICATIONS FROM OTHER MEMBER STATES IS STRICTER THAN IN THE CASE OF OTHER PRODUCTS .

IN ORDER TO DETERMINE WHETHER AN EXCLUSIVE DISTRIBUTION AGREEMENT FOR NATIONAL NEWSPAPERS AND PERIODICALS IS CAPABLE OF HAVING AN APPRECIABLE EFFECT ON THE MARKET IN SUCH PUBLICATIONS FROM OTHER MEMBER STATES , IT IS NECESSARY TO CONSIDER FIRST WHETHER THAT MARKET MAY EMPLOY FOR THE SALE OF NEWSPAPERS IN THE AREA CONCERNED , CHANNELS OF DISTRIBUTION OTHER THAN THOSE GOVERNED BY THE AGREEMENT AND , SECONDLY , WHETHER DEMAND FOR THE AFORESAID PRODUCTS IS RIGID INASMUCH AT IS SHOWS NO SUBSTANTIAL VARIATIONS AS A RESULT OF THE ENTRY INTO FORCE AND THE TERMINATION OF THE AGREEMENT IN QUESTION .

6 . A SELECTIVE DISTRIBUTION CLAUSE RESTRICTING THE SUPPLY OF THE PRODUCTS COVERED BY THE AGREEMENT IN QUESTION TO APPROVED LICENCE-HOLDERS ALONE DOES NOT INFRINGE ARTICLE 85 ( 1 ) OR THE FIRST PARAGRAPH OF ARTICLE 86 OF THE EEC TREATY IF IT APPEARS THAT THE AUTHORIZED RETAILERS ARE SELECTED ON THE BASIS OF OBJECTIVE CRITERIA RELATING TO THE CAPACITY OF THE RETAILER AND HIS STAFF AND THE SUITABILITY OF HIS TRADING PREMISES ON CONNEXION WITH THE REQUIREMENTS FOR THE DISTRIBUTION OF THE PRODUCT AND THAT SUCH CRITERIA ARE LAID DOWN UNIFORMLY FOR ALL POTENTIAL RETAILERS AND ARE NOT APPLIED IN A DISCRIMINATORY FASHION .

7 . AN EXCLUSIVE DISTRIBUTION AGREEMENT CONCLUDED BETWEEN TRADE-UNION ASSOCIATIONS , EACH OF WHICH HAS A LARGE MEMBERSHIP , DOES NOT CONSTITUTE AN AGREEMENT ' ' TO WHICH ONLY TWO UNDERTAKINGS ARE PARTY ' ' WITHIN THE MEANING OF ARTICLE 1 ( 1 ) OF REGULATIONS NOS 19/65 AND 67/67 AND DOES NOT THEREFORE COME WITHIN THE CATEGORIES OF AGREEMENTS WHICH , UNDER THE AFORESAID REGULATIONS , MAY BE EXEMPTED FROM THE APPLICATION OF ARTICLE 85 ( 1 ) OF THE EEC TREATY .