CELEX: 62011CA0158
Language: en
Date: 2012-06-14 00:00:00
Title: Case C-158/11: Judgment of the Court (Second Chamber) of 14 June 2012 (reference for a preliminary ruling from the Cour de cassation — France) — Auto 24 SARL v Jaguar Land Rover France SAS (Competition — Article 101 TFEU — Motor vehicle sector — Regulation (EC) No 1400/2002 — Block exemption — Selective distribution system — Concept of ‘specified criteria’ concerning a quantitative selective distribution system — Refusal to grant authorisation as a distributor of new motor vehicles — Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria)

28.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 227/5
            
         Judgment of the Court (Second Chamber) of 14 June 2012 (reference for a preliminary ruling from the Cour de cassation — France) — Auto 24 SARL v Jaguar Land Rover France SAS
   (Case C-158/11) (1)
   
   (Competition - Article 101 TFEU - Motor vehicle sector - Regulation (EC) No 1400/2002 - Block exemption - Selective distribution system - Concept of ‘specified criteria’ concerning a quantitative selective distribution system - Refusal to grant authorisation as a distributor of new motor vehicles - Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria)
   2012/C 227/07
   Language of the case: French
   
      Referring court
   
   Cour de cassation
   
      Parties to the main proceedings
   
   
      Applicant: Auto 24 SARL
   
      Defendant: Jaguar Land Rover France SAS
   
      Re:
   
   Reference for a preliminary ruling — Cour de Cassation (Court of Cassation) — Interpretation of Article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to vertical agreements and concerted practices in the motor vehicle sector (OJ 2002 L 203, p. 30) — Selective distribution system — Refusal to authorise as a distributor of new Land Rover vehicles — Concept of ‘specified criteria’ in the context of a quantitative selective distribution system — Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria
   
      Operative part of the judgment
   
   The term ‘specified criteria’, referred to in Article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector, means, with respect to a quantitative selective distribution system within the meaning of that regulation, criteria the precise content of which may be verified. In order to benefit from the exemption provided for by that regulation, it is not necessary for such a system to be based on criteria that are objectively justified and applied in a uniform and non-differentiated manner in respect of all applicants for authorisation.
   
      (1)  OJ C 179, 18.6.2011.