COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A NUMBER OF QUESTIONS ON THE INTERPRETATION OF ARTICLES 85 AND 86 OF THAT TREATY .
2 THE QUESTIONS WERE RAISED IN THE COURSE OF PROCEEDINGS BETWEEN SA BINON & CIE ( HEREINAFTER REFERRED TO AS ' BINON ' ), AN UNDERTAKING WHICH CARRIES ON A BUSINESS IN CHARLEROI SELLING BOOKS , STATIONERY AND EDUCATIONAL TOYS , AND SA AGENCE ET MESSAGERIES DE LA PRESSE ( HEREINAFTER REFERRED TO AS ' AMP ' ). THE PURPOSE OF THE ACTION IS TO OBTAIN AN ORDER DIRECTING AMP TO CEASE REFUSING TO SELL OR DELIVER TO BINON THE NEWSPAPERS AND PERIODICALS , BOTH BELGIAN AND FOREIGN , WHICH IT DISTRIBUTES IN BELGIUM .
3 ORIGINALLY BINON HELD A FRANCHISE FROM CLUB SA , WHICH RUNS A CHAIN OF SHOPS UNDER THAT NAME . SINCE 29 JANUARY 1982 BINON HAS CARRIED ON ITS BUSINESS UNDER ITS OWN NAME WITHOUT A FRANCHISE . FROM 8 MARCH 1983 BINON REQUESTED AMP TO SUPPLY IT WITH THE NEWSPAPERS , MAGAZINES AND PUBLICATIONS FOR WHOSE DISTRIBUTION IT IS RESPONSIBLE . SINCE AMP REFUSED TO SUPPLY IT , BINON APPLIED DIRECTLY TO VARIOUS PUBLISHERS BUT WITHOUT SUCCESS .
4 THE JUDGMENT OF THE TRIBUNAL DE COMMERCE STATES THAT , WITH THE EXCEPTION OF NEWSPAPERS AND PERIODICALS DISTRIBUTED ON THE BASIS OF SUBSCRIPTIONS , AMP IS RESPONSIBLE , EITHER ITSELF OR THROUGH ITS SUBSIDIARIES , FOR THE DISTRIBUTION TO RETAILERS OF A LARGE PROPORTION - CLOSE TO 70% - OF BELGIAN NEWSPAPERS AND PERIODICALS AND VIRTUALLY ALL NEWSPAPERS AND PERIODICALS PUBLISHED ABROAD . THE FULL SIGNIFICANCE OF THIS MAY BE SEEN FROM THE FACT THAT , IN THE FIRST PLACE , AMP AND THE NEWSPAPER AND PERIODICAL PUBLISHERS ESTABLISHED A SELECTIVE DISTRIBUTION SYSTEM IN 1976 WHEREBY EVERY RETAIL OUTLET WAS SUBJECT TO THE APPROVAL OF A REGIONAL CONSULTATIVE COMMITTEE AND , IN THE SECOND PLACE , AMP WAS A MEMBER OF A GROUP OF UNDERTAKINGS SOME OF WHICH OCCUPIED AN IMPORTANT POSITION IN THE FIELD OF THE DISTRIBUTION OF NEWSPAPERS AND PERIODICALS .
5 WITH REGARD TO THE SELECTIVE DISTRIBUTION SYSTEM THE NATIONAL COURT STATES THAT ORIGINALLY , PURSUANT TO THE AGREEMENT CONCLUDED IN 1976 , ANY PERSON WISHING TO COMMENCE BUSINESS SELLING NEWSPAPERS AND PERIODICALS HAD TO SUBMIT AN APPLICATION FOR APPROVAL TO THE REGIONAL CONSULTATIVE COMMITTEE , WHOSE OPINION WAS FOLLOWED BY THE MAJORITY OF PUBLISHERS ; ANYONE FAILING TO SUBMIT SUCH AN APPLICATION WAS REFUSED ALL SUPPLIES BY THE PUBLISHERS . NEVERTHELESS , TWO JUDGMENTS DELIVERED IN 1982 DECLARED THAT AGREEMENT TO BE INCOMPATIBLE WITH BELGIAN LEGISLATION AND ARTICLES 85 AND 86 OF THE EEC TREATY . IN ADDITION , ON 10 MAY 1983 THE CONSEIL DU CONTENTIEUX ECONOMIQUE ( COUNCIL FOR ECONOMIC DISPUTES ) ISSUED , PURSUANT TO THE BELGIAN LAW ON PROTECTION AGAINST ABUSE OF ECONOMIC POWER , AN OPINION IN WHICH IT STATED THAT AMP AND THE DELIBERATING MEMBERS OF THE CONSULTATIVE COMMITTEES WIELDED ECONOMIC POWER OVER THE RETAIL MARKET IN