CELEX: C1997/108/07
Language: en
Date: 1997-04-05 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 20 February 1997 in Case C-107/95 P: Bundesverband der Bilanzbuchhalter eV v. Commission of the European Communities (Appeals - Action for annulment - Admissibility - Refusal by the Commission to commence proceedings against a Member State for failure to fulfil obligations - Refusal by the Commission to take measures under Article 90 (3) of the EC Treaty)

5 . 4 . 97             EN                  Official Journal of the European Communities                                   No C 108/5
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        (Fifth Chamber)                                                       ( Second Chamber)
                      of 20 February 1997                                                   of 20 February 1997
in Case C-107/95 P: Bundesverband der Bilanzbuchhalter                in Case C-128/95 (reference for a preliminary ruling from
      eV v. Commission of the European Communities (')                the Tribunal de Commerce de Lyon ): Fontaine SA and
                                                                                 Others v. Aqueducs Automobiles Sari (')
(Appeals — Action for annulment — Admissibility —
Refusal by the Commission to commence proceedings                     (Competition — Vehicle distribution — Parallel imports —
against a Member State for failure to fulfil obligations —            Regulation (EEC) No 123/85 — Applicability as against
Refusal by the Commission to take measures under                      third parties — Independent reseller — Definition of 'new
                Article 90 (3) of the EC Treaty)                                    vehicle ' and 'second-hand vehicle')
                                                                                                 ( 97/C 108/08 )
                          ( 97/C 108/07 )
                                                                                      (Language of the case: French)
                (Language of the case: German)
                                                                         (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
  (Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                      In Case C-128/95 : reference to the Court under Article 177
                                                                      of the EC Treaty from the Tribunal de Commerce
In Case C-107/95 P : Bundesverband der Bilanzbuchhalter               ( Commercial Court), Lyon ( France ), for a preliminary
eV, an association governed by German law, established                ruling in the proceedings pending before that court
in Bonn ( Germany), represented by Joachim Müller,                    between Fontaine SA, Garage Laval SA, Fahy SA, Renault
Rechtsanwalt, Munich, with an address for service in                  Lyon Ouest FLB Automobiles SA, Diffusion Vallis Auto
Luxembourg at the Chambers of Arsène Kronshagen,                      SA, Horizon Sud SA and Aqueducs Automobiles Sari —
12 Boulevard de la Foire — appeal against the order of                on the interpretation of Commission Regulation ( EEC )
the Court of First Instance ( Fourth Chamber ) of                     No 123/85 of 12 December 1984 on the application of
23 January 1995 in Case T-84/94 Bilanzbuchhalter v.                   Article 85 ( 3 ) of the EEC Treaty to certain categories of
Commission [ 1995] ECR 11-101 , seeking to have that                  motor vehicle distribution and servicing agreements ( OJ
order set aside — the other party to the proceedings being            No L 15, 18 . 1 . 1985 , p. 16 ) — the Court ( Second
Commission of the European Communities (Agents:                       Chamber ), composed of: G. F. Mancini, President of the
Marie-Jose Jonczy and Norbert Lorenz ) — the Court                    Chamber, G. Hirsch and R. Schintgen ( Rapporteur),
( Fifth Chamber ), composed of: L. Sevón, President of the            Judges; D. Ruiz-Jarabo Colomer, Advocate-General; D.
First Chamber, acting for the President of the Fifth                  Louterman-Hubeau, Principal Administrator, for the
Chamber ( Rapporteur), C. Gulmann, D. A. O. Edward,                   Registrar, has given a judgment on 20 February 1997, in
                                                                      which it has ruled :
J. -P. Puissochet and P. Jann, Judges; A. La Pergola,
Advocate-General; R. Grass, Registrar, has given a
judgment on 20 February 1997, in which it:
                                                                      Commission Regulation (EEC) No 123/85 of 12 December
                                                                      1984 on the application of Article 85 (3) of the EEC
                                                                      Treaty to certain categories of motor vehicle distribution
1 . dismisses the appeal;                                             and servicing agreements is to be interpreted as not
                                                                      preventing a trader who is neither an approved reseller in
                                                                      the distribution network of a manufacturer of a particular
                                                                      make of motor vehicle nor an authorized intermediary
2 . orders the Bundesverband der Bilanzbuchhalter eV to               within the meaning of Article 3 (11 ) of that Regulation
      pay the costs.                                                  from undertaking parallel imports and operating as an
                                                                      independent reseller of new vehicles of that make.
 H OJ No C 174, 8 . 7. 1995 .
                                                                       (») OJ No C 159, 24 . 6 . 1995 .