CELEX: C1996/133/08
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 15 February 1996 in Case C-226/94 (reference for a preliminary ruling from the Tribunal de Commerce, Albi): Grand Garage Albigeois SA and Others v. Garage Massol Sàrl (Competition - Vehicle distribution - Regulation (EEC) No 123/85 - Applicability as against third parties - Independent reseller)

4 . 5 . 96            EN                  Official Journal of the European Communities                                No C 133/5
1 , dismisses the appeal;                                                          JUDGMENT OF THE COURT
                                                                                          ( Second Chamber )
2 , orders the appellants to pay the costs.                                             of 15 February 1996
                                                                     in Case C-3 09/94 ( reference for a preliminary ruling from
                                                                     the Tribunal de Commerce, Lyon ): Nissan France and
(') OJ No C 254, 10 . 9 . 1994 .                                     Others v. Jean-Luc Dupasquier du Garage Sport Auto and
                                                                                                Others ( 1 )
                                                                     (Competition — Vehicle distribution — Regulation (EEC)
                                                                     No 123/85 — Applicability as against third parties —
                                                                     Parallel importer — Simultaneous conduct of business as
                                                                       both authorized intermediary and independent reseller)
                                                                                             ( 96/C 133/09 )
               JUDGMENT OF THE COURT
                      ( Second Chamber )                                            (Language of the case: French)
                     of 15 February 1996
in Case C-226/94 ( reference for a preliminary ruling from
the Tribunal de Commerce, Albi ): Grand Garage Albigeois
           SA and Others v. Garage Massol Sàrl ( ! )                 (Provisional translation; the definitive translation will be
(Competition — Vehicle distribution — Regulation (EEC)                       published in the European Court Reports)
No 123/85 — Applicability as against third parties —
                     Independent reseller)
                          ( 96/C 133/08 )
                                                                     In Case C-309/94 — reference for a preliminary ruling from
                                                                     the Tribunal de Commerce, Lyon, in the proceedings
                (Language of the case: French)                       pending before that court between Nissan France and
                                                                     Others v . Jean-Luc Dupasquier du Garage Sport Auto and
                                                                     Others — the Court - ( Second Chamber ), composed of
                                                                     G. Hirsch, President of the Chamber, G. F. Mancini and
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                   F. A. Schockweiler ( Rapporteur ), Judges; D. Ruiz-Jarabo
                                                                     Colomer, Advocate-General ; L. Hewlett, Administrator, for
                                                                     the Registrar, gave a judgment on 15 February 1996 , the
                                                                     operative part of which as follows :
In Case C-226/94 — reference for a preliminary ruling from
the Tribunal de Commerce, Albi, in the proceedings pending
before that court between Grand Garage Albigeois SA and
Others v. Garage Massol Sari — the Court ( Second
Chamber ), composed of G. Hirsch, President of the                   Commission Regulation (EEC) No 123/85 of 12 December
Chamber, G. F. Mancini and F. A. Schockweiler                        1984 on the application of Article 85 (3) of the EC Treaty
( Rapporteur ), Judges; D. Ruiz-Jarabo Colomer,                      to certain categories of motor vehicle distribution and
Advocate-General; L. Hewlett, Administrator, for the                 servicing agreements must be interpreted as not preventing a
Registrar, gave a judgment on 15 February 1996 , the                 trader who is neither an approved reseller in the distribution
operative part of which is as follows :                              network of a manufacturer of a particular make of motor
                                                                     vehicle nor an authorized intermediary within the meaning
                                                                     of Article 3 (11 ) of that Regulation from undertaking
Commission Regulation (EEC) No 123/85 of 12 December                 parallel imports and operating as an independent reseller of
1 984 on the application ofArticle 85 (3) of the EC Treaty to        new vehicles ofthat make. Nor does that Regulation prevent
certain categories of motor vehicle distribution and                 an independent trader from carrying on at the same
servicing agreements must be interpreted as not preventing a         time the businesses of authorized intermediary and that
trader who is neither an approved reseller in the distribution       of non-approved reseller of vehicles acquired by way
network of a manufacturer of a particular make of motor              of parallel imports.
vehicle nor an authorized intermediary within the meaning
of Article 3 (11 ) of that Regulation, from carrying on an
independent business reselling new vehicles of that make.
                                                                     (<) OJ No C 380, 31 . 12 . 1994 .
0 ) OJ No C 275 , 1 . 10 . 1994 .