CELEX: C1996/269/21
Language: en
Date: 1996-09-14 00:00:00
Title: Reference for a preliminary ruling from the Cour d'Appel, Douai, by judgment of that court of 20 June 1996 in the case of SA Cabour and SA Nord Distribution Automobile v. SARL Arnor 'Soco' (interveners: SA Automobile Peugeot and SA Automobiles Citroën) (Case C-230/96)

14 . 9 . 96             EN                    Official Journal of the European Communities                                      No C 269/9
Reference for a preliminary ruling from the Cour d'Appel,                  II . Can Commission Regulation ( EC ) No 1475/95
Douai, by judgment of that court of 20 June 1996 in the case                     of 28 June 1995 replacing Regulation ( EEC )
of SA Cabour and SA Nord Distribution Automobile v.                              No 123/85 (2) be interpreted as meaning that an
SARL Arnor 'Soco' ( interveners: SA Automobile Peugeot                           exclusive concession contract containing clauses of the
                  and SA Automobiles Citroen )                                   sort referred to in Question I ( 2 ) and ( 3 ) qualifies for
                           Case C-230/96 )                                       exemption under Article 1 of that Regulation, having
                                                                                 regard respectively to Articles 3 ( 3 ) and 4 ( 1 ) ( 3 ) of
                            ( 96/C 269/21
                                                                                 Regulation ( EC ) No 1475/95 in conjunction with
                                                                                 Article 5 ( 2 ) ( 2 ), ( 2 ) ( 3 ) and ( 3 )?
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Cour d'Appel                   III . In the event that Regulations ( EEC ) No 123/5 and ( EC )
( Court of Appeal ), Douai , of 20 June 1996 , which was                         No 1475/95 cannot be interpreted as conferring the
received at the Court Registry on 8 July 1996 , for a                            benefit of the exemption for which they provide on
preliminary ruling in the case of SA Cabour and SA Nord                          concession contracts of the kind referred to in
Distribution Automobile v. SARL Arnor ' Soco' ( interveners :
                                                                                 Questions I and II, must Article 85 ( 1 ) of the EC Treaty
SA Automobile Peugeot and SA Automobiles Citroen ), on                           be interpreted as meaning that an exclusive distribution
the following questions :                                                        network of a motor vehicle manufacturer which is
                                                                                 based, throughout the territory of a Member State, on
  I. Can Commission Regulation ( EEC ) No 123/85 of                              such concession contracts is caught by the prohibition
      12 December 1984 on the application of Article 85 ( 3 )                    set out in that provision ?
      of the EEC Treaty (') be interpreted as meaning that
      an exclusive concession agreement binding a car                    (') OJ No L 15 , 18 . 1 . 1985 , p . 16 .
      manufacturer to a concessionaire qualifies for                     ( 2 ) OJ No L 145 , 29 . 6 . 1995 , p . 25 .
      exemption under Article 1 of that Regulation where
      that contract :
      1 . does not exemplify the 'objectively valid reasons'
           referred to in Article 5 ( 2 ) ( 1 ) ( a ) and ( b ) and
           Article 5 ( 3 ) of that Regulation ;
                                                                         Action brought on 8 July 1996 by the French Republic
      2 . rules out any possibility for the concessionaire to                against the Commission of the European Communities
           sell new vehicles supplied by persons other than the
           manufacturer, even at commercial premises                                                   Case C-232/96 )
           separate from those at which contract goods are                                              ( 96/C 269/22 )
           offered for sale , except where objectively valid
           reasons not existing at the time when the contract
           was concluded are proved, a stipulation which has             An action against the Commission of the European
           to be considered in relation to the interpretation of         Communities was brought before the Court of Justice of the
           Articles 3 ( 3 ) and 5 ( 2 ) of the Regulation ;              European Communities on 8 July 1996 by the French
                                                                         Republic, represented by Catherine de Salins and Frederic
                                                                         Pascal , acting as Agents , with an address for service in
      3 . lays down a sales objective according to which the             Luxembourg at the French Embassy, 9 boulevard Henri .
           concessionaire       undertakes     to   use    its  best
           endeavours to sell during each annual period a
           quantity of contract vehicles which, if not specified         The applicant claims that the Court should :
           by agreement between the parties, is fixed by the
           manufacturer on the basis of forecasts made by it or          — declare null and void Commission Decision 96/311 /EC
           criteria determined by it, and specifies that, in the               of 10 April 1996 on the clearance of the accounts
           event that 90 % of 7/ 1 lths of the sales objective has             presented by the Member States in respect of the
           not been achieved on 31 August in the current                       expenditure for 1992 of the Guarantee Section of the
           annual period and the ' aggregate percentage                        European Agricultural Guidance and Guarantee Fund
           penetration ' of contract vehicles in the territory to              and in respect of certain expenditure for 1993 ('), in so
           which the concession relates, assessed on 31 July of                far as the Commission has disallowed for France for
           the current annual period, is 15 to 45% —                            1992 :
           depending on where the territory is located —
           lower than the national average penetration of
           contract vehicles, the manufacturer may, on giving                  — FF76 041 440 of eligible expenditure corresponding
                                                                                    to intervention measures in the beef and veal sector
           three or six months ' notice, alter the contract
           territory and/or withdraw from the concessionaire                        as regards the submission of tenders under the
           exclusive dealership in the territory, or terminate                      tendering procedure ,
           the concession contract, which stipulations should
           be considered in relation to the interpretation of                  — FF 86 061 448 of eligible expenditure corresponding
           Articles 4 ( 1 ) ( 3 ) and 5 ( 2 ) ( 2 ) and ( 3 ) of the                to intervention measures concerning the public
           Regulation ?                                                             storage of cereals,