Keywords

Summary



Keywords

1 Preliminary rulings - Jurisdiction of the Court - Limits - Obviously irrelevant question

(EC Treaty, Art. 177)

2 Competition - Agreements, decisions and concerted practices - Prohibited - Block exemption - Regulation No 123/85 - Exclusive dealership agreement - Clause which does not specify the objectively valid reasons for which the parties may be released from the obligation not to compete - Covered by the exemption

(Commission Regulation No 123/85, Art. 5(2))

3 Competition - Agreements, decisions and concerted practices - Prohibited - Block exemption - Regulation No 123/85 - Regulation No 1475/95 - Obligation imposed on dealers not to sell new vehicles of other makes, even at commercial premises other than those at which the contract goods are offered for sale, except where objectively valid reasons have been demonstrated - Not covered by the exemption

(Commission Regulations No 123/85, Arts 3(3) and 5(2), and No 1475/95, Arts 3(3) and 5(2))

4 Competition - Agreements, decisions and concerted practices - Prohibited - Block exemption - Regulation No 123/85 - Regulation No 1475/95 - Determination of a sales target - Covered by the exemption - Conditions

(Commission Regulations No 123/85, Arts 4(1)(3) and 5(2), and No 1475/95, Arts 4(1)(3) and 5(2) and (3))

5 Competition - Agreements, decisions and concerted practices - Prohibited - Car dealership agreements not covered by the block exemption - Assessment in the light of the economic and legal context

(EC Treaty, Art. 85(1); Commission Regulations No 123/85 and No 1475/95)

Summary

6 Under the preliminary ruling procedure provided for by Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable them to give judgment and the relevance of the questions which they refer to the Court. A request for a preliminary ruling from a national court may be rejected only if it is quite obvious that the interpretation of Community law sought by that court bears no relation to the actual nature of the case or the subject-matter of the main action.

7 On a proper construction, in the light of its wording and general structure, of Article 5(2)(1)(a) and (b) of Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of vehicle distribution and sales and after-sales service agreements, the exemption granted by the regulation applies to a clause in an exclusive dealership agreement which does no more than provide that the parties may, in order to release themselves from the obligation not to compete, put forward objectively valid reasons, without indicating specifically what those reasons may be.

8 On a proper construction, in the light of their wording and general structure, of Articles 3(3) and 5(2) of Regulation No 123/85, on the application of Article 85(3) of the Treaty to certain categories of vehicle distribution and sales and after-sales service agreements, and also the same articles of Regulation No 1475/95, replacing Regulation No 123/85, the exemption granted by the regulation does not apply to a clause in a contract which, unless there are objectively valid reasons, prevents the dealer from selling new vehicles of any other make, even at commercial premises separate from those at which the contract goods are offered for sale.

9 On a proper construction, in the light of their wording and general structure, of Articles 4(1)(3) and 5(2)(2) and (3) of Regulation No 123/85, on the application of Article 85(3) of the Treaty to certain categories of vehicle distribution and sales and after-sales service agreements, the exemption granted by the regulation applies to a clause in a contract which imposes on a dealer a fixed sales target and provides for penalties, extending to termination of the contract if the target is not met, provided, however, that the sales target represents simply an obligation to use best endeavours.

As regards Articles 4(1)(3) and 5(2) and (3) of Regulation No 1475/95, replacing Regulation No 123/85, if the exemption is to apply, the sales target must be determined by common agreement between the parties or, where they disagree, by an expert third party.

10 The prohibition set out in Article 85(1) of the Treaty applies to clauses in a motor vehicle dealership contract which are not covered by the block exemption if, having regard to the economic and legal context, their object or effect is perceptibly to restrict competition within the common market and they are capable of affecting trade between Member States.