Case C-217/05: Judgment of the Court (Third Chamber) of 14 December 2006 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Confederación Española de Empresarios de Estaciones de Servicio v Compañía Española de Petróleos SA (Competition — Agreements, decisions and concerted practices — Agreements between undertakings — Article 85 of the EEC Treaty (subsequently Article 85 of the EC Treaty and now Article 81 EC) — Articles 10 to 13 of Regulation (EEC) No 1984/83 — Exclusive fuel purchasing agreements designated sales guarantee commission arrangements and agency contracts between service-station operators and oil companies)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: contract, exclusive distribution agreement, exclusive purchasing agreement, fuel, inter-company agreement, interpretation of the law, motor fuel, retail outlet

30.12.2006

EN

Official Journal of the European Union

C 331/9

Re:

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 15(4) and 18(1) of Council Regulation (EEC) No 2847/93
of 12 October 1993 establishing a control system applicable to
the common fisheries policy (OJ 1993 L 261, p. 1) — Failure to
notify the data concerning the species and quantities of fish
caught

Operative part of the judgment

The Court:

1. Declares that, by failing to notify the data referred to in Articles
15(4) and 18(1) of Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to the
common fisheries policy for 1999 and 2000, the Italian Republic
has failed to fulfil its obligations under those provisions;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 132, 28.5.2005.

Member State, but exemption for dividends paid to a parent
company
established in France — Taxation Convention
providing that the tax may be set off against the amount due in
the other Member State

Operative part of the judgment

1) Article 43 EC and Article 48 EC preclude national

legislation
which, in imposing a liability to tax on dividends paid to a non-
resident parent company and allowing resident parent companies
almost full exemption from such tax, constitutes a discriminatory
restriction on freedom of establishment;

2) Article 43 EC and Article 48 EC preclude national

legislation
which imposes, only as regards non-resident parent companies, a
withholding tax on dividends paid by resident subsidiaries, even if a
tax convention between the Member State in question and another
Member State, authorising that withholding tax, provides for the
tax due in that other State to be set off against the tax charged in
accordance with the disputed system, whereas a parent company is
unable to set off tax in that other Member State, in the manner
provided for by that convention.

(1) OJ C 155, 25.6.2005.

Judgment of the Court (First Chamber) of 14 December
2006 (reference for a preliminary ruling from the Conseil
d'État, France) — Denkavit Internationaal BV, Denkavit
France SARL v Ministre de l'Économie, des Finances et de
l'Industrie

(Case C-170/05) (1)

(Freedom of establishment — Corporation tax — Payment of
dividends — Exemption for dividends paid to resident compa-
nies — Withholding tax levied on dividends paid to non-resi-
dent companies — Double taxation convention — Possibility
of setting off the amount withheld against tax due in another
Member State)

(2006/C 331/14)

Language of the case: French

Referring court

Conseil d'État

Judgment of the Court (Third Chamber) of 14 December
2006 (reference for a preliminary ruling from the Tribunal
Supremo — Spain) — Confederación Española de Empre-
sarios de Estaciones de Servicio v Compañía Española de
Petróleos SA

(Case C-217/05) (1)

(Competition — Agreements, decisions and concerted practices
— Agreements between undertakings — Article 85 of the
EEC Treaty (subsequently Article 85 of the EC Treaty and
now Article 81 EC) — Articles 10 to 13 of Regulation (EEC)
No 1984/83 — Exclusive fuel purchasing agreements desig-
nated ‘sales guarantee commission arrangements’ and ‘agency
contracts’ between service-station operators and oil compa-
nies)

(2006/C 331/15)

Language of the case: French

Parties to the main proceedings

Applicants: Denkavit Internationaal BV, Denkavit France SARL

Defendant: Ministre de l'Économie, des Finances et de l'Industrie

Referring court

Tribunal Supremo

Re:

Reference for a preliminary ruling — Conseil d'Etat (France) —
Interpretation of Art. 43 EC — Deduction of tax at source on
dividends paid to a parent company established in another

Parties to the main proceedings

Applicant: Confederación Española de Empresarios de Estaciones
de Servicio

Defendant: Compañía Española de Petróleos SA,

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