Case C-238/05: Judgment of the Court (Third Chamber) of 23 November 2006 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Asnef-Equifax, Servicios de Información sobre Solvencia y Crédito, SL v Asociación de Usuarios de Servicios Bancarios (Ausbanc) (Competition — Article 81 EC — System for the exchange between financial institutions of information on customer solvency — Reference for a preliminary ruling — Admissibility — Effect on trade between Member States — Restriction of competition — Benefit for consumers)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: credit institution, exchange of information, financial institution, financial solvency, inter-company agreement, interpretation of the law, restriction on competition

C 331/10

EN

Official Journal of the European Union

30.12.2006

Re:

Parties to the main proceedings

Reference for a preliminary ruling — Tribunal Supremo —
Interpretation of Articles 10 to 13 of 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) — Contracts for the exclusive
distribution of motor-vehicle and other fuels classified as agency
or
including certain particular
features

commission contracts but

Operative part of the judgment

1. Article 85 of the EEC Treaty (subsequently Article 85 of the EC
Treaty and now Article 81 EC) applies to an agreement for the
exclusive distribution of motor-vehicle and other fuels, such as that
at issue in the main proceedings, concluded between a supplier and
a service-station operator where that operator assumes, to a non-
negligible extent, one or more financial and commercial risks linked
to the sale to third parties.

2. Articles 10 to 13 of 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 must be interpreted
as not covering such an agreement in so far as it requires the
service-station operator to charge the final retail price stipulated by
the supplier.

Applicant: ASNEF-EQUIFAX, Servicios de Información sobre
Solvencia y Crédito, SL

Defendant: Asociación de Usuarios de Servicios Bancarios
(Ausbanc)

Re:

Reference for a preliminary ruling — Tribunal Supremo —
Interpretation of Article 81 EC — Compatibility with the
common market of an agreement setting up a system for the
information on
exchange between financial
customer solvency — Beneficial effects for consumers and users
of financial services — Possibility of Member States granting an
exemption

institutions of

(1) OJ C 193, 6.8.2005.

Operative part of the judgment

1) Article 81(1) EC must be interpreted as meaning that a system for
institu-
the exchange of information on credit between financial
tions, such as the register of information on customer solvency at
issue in the main proceedings, does not, in principle, have as its
effect the restriction of competition within the meaning of that
provision, provided that the relevant market or markets are not
highly concentrated, that that system does not permit lenders to be
identified and that the conditions of access and use by financial
institutions are not discriminatory, in law or in fact.

that

restricts

register,

such as

2) In the event that a system for the exchange of

information on
credit,
competition within the
meaning of Article 81(1) EC, the applicability of the exemption
provided for in Article 81(3) EC is subject to the four cumulative
conditions laid down in that provision. It is for the national court
to determine whether those conditions are satisfied. In order for the
condition that consumers be allowed a fair share of the benefit to
be satisfied, it is not necessary, in principle, for each consumer indi-
vidually to derive a benefit from an agreement, a decision or a
concerted practice. However, the overall effect on consumers in the
relevant markets must be favourable.

(1) OJ C 205, 20.8.2005.

Judgment of the Court (Third Chamber) of 23 November
2006 (reference for a preliminary ruling from the Tribunal
Supremo (Spain)) — Asnef-Equifax, Servicios de Informa-
ción sobre Solvencia y Crédito, SL v Asociación de
Usuarios de Servicios Bancarios (Ausbanc)

(Case C-238/05) (1)

(Competition — Article 81 EC — System for the exchange
institutions of information on customer
between financial
solvency — Reference for a preliminary ruling — Admissi-
bility — Effect on trade between Member States — Restriction
of competition — Benefit for consumers)

(2006/C 331/16)

Language of the case: Spanish

Referring court

Tribunal Supremo