CELEX: C2003/200/37
Language: en
Date: 2003-08-23 00:00:00
Title: Removal from the register of Case C-193/02

23.8.2003            EN                        Official Journal of the European Union                                      C 200/21
2.    order the Kingdom of Belgium to pay the costs.                   Furthermore, and in any event, those conditions are dispropor-
                                                                       tionate. Therefore, the need to protect the consumer and fair
                                                                       trading can no longer be relied upon.
Pleas in law and main arguments                                               Removal from the register of Case C-193/02 (1)
                                                                                               (2003/C 200/37)
Application of the conditions as to ‘similarity’ and being the
same vendor, as referred to by the Belgian Law on commercial           By order of 4 March 2003 the President of the Court of Justice
practice and consumer information and protection, in so far as         of the European Communities ordered the removal from the
concerns the operation of a customer loyalty scheme as a               register of Case C-193/02: Kingdom of the Netherlands v
cross-border provision of services, produces arbitrary or even         Commission of the European Communities.
discriminatory effects, because the conditions are very widely
avoided in practice by undertakings established in Belgium
having their own distribution network with points of sale.             (1) OJ C 191 of 10.08.2002.