CELEX: C2001/317/07
Language: en
Date: 2001-11-10 00:00:00
Title: Judgment of the Court of 20 September 2001 in Case C-453/99 [reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)]: Courage Ltd v Bernard Crehan and Bernard Crehan v Courage Ltd and Others (Article 85 of the EC Treaty (now Article 81 EC) — Beer tie — Leasing of public houses — Restrictive agreement — Right to damages of a party to the contract)

C 317/4                 EN                      Official Journal of the European Communities                                       10.11.2001
                JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                  of 20 September 2001
                         (Fifth Chamber)
                                                                           in Case C-453/99 (reference for a preliminary ruling from
                                                                           the Court of Appeal (England & Wales) (Civil Division)):
                        of 4 October 2001                                  Courage Ltd v Bernard Crehan and Bernard Crehan v
                                                                                               Courage Ltd and Others (1)
in Case C-403/99: Italian Republic v Commission of the                     (Article 85 of the EC Treaty (now Article 81 EC) — Beer tie
                   European Communities (1)                                — Leasing of public houses — Restrictive agreement —
                                                                                     Right to damages of a party to the contract)
(Common agricultural policy — Agrimonetary system for                                                 (2001/C 317/07)
the euro — Transitional measures for the introduction of the
                                euro)
                                                                                                (Language of the case: English)
                          (2001/C 317/06)                                  In Case C-453/99: reference to the Court under Article 177 of
                                                                           the EC Treaty (now Article 234 EC) from the Court of Appeal
                                                                           (England and Wales) (Civil Division), (United Kingdom) for a
                                                                           preliminary ruling in the proceedings pending before that
                    (Language of the case: Italian)                        court between Courage Ltd and Bernard Crehan and between
                                                                           Bernard Crehan and Courage Ltd and Others — on the
                                                                           interpretation of Article 85 of the EC Treaty (now Article 81
                                                                           EC) and other provisions of Community law — the Court,
(Provisional translation; the definitive translation will be published     composed of: G.C. Rodrı́guez Iglesias, President, C. Gulmann,
                   in the European Court Reports)                          M. Wathelet (Rapporteur) and V. Skouris (Presidents of Cham-
                                                                           bers), D.A.O. Edward; P. Jann, L. Sevón, F. Macken and
                                                                           N. Colneric, J.N. Cunha Rodrigues and C.W.A. Timmermans,
                                                                           Judges; J. Mischo, Advocate General; L. Hewlett, Administrator,
In Case C-403/99: Italian Republic (Agent: U. Leanza assisted              for the Registrar, has given a judgment on 20 September
by D. Del Gaizo) v Commission of the European Communities                  2001, in which it has ruled:
(Agent: F. Ruggeri Laderchi) — application for the annulment
of Commission Regulation (EC) No 1639/1999 of 26 July
1999 fixing the maximum compensatory aid resulting from                    1.    A party to a contract liable to restrict or distort competition
the rates for the conversion of the euro into national currency                  within the meaning of Article 85 of the EC Treaty (now
units and the exchange rates applicable on 1 July 1999 (OJ                       Article 81 EC) can rely on the breach of that provision to
1999 L 194, p. 33) — the Court (Fifth Chamber), composed                         obtain relief from the other contracting party.
of: A. La Pergola, President of the Chamber, D.A.O. Edward,
P. Jann (Rapporteur), S. von Bahr and C.W.A. Timmermans,
Judges; D. Ruı́z-Jarabo Colomer, Advocate General; H.A. Rühl,              2.    Article 85 of the Treaty precludes a rule of national law under
Principal Administrator, for the Registrar, has given a judgment                 which a party to a contract liable to restrict or distort
on 4 October 2001, in which it:                                                  competition within the meaning of that provision is barred from
                                                                                 claiming damages for loss caused by performance of that
                                                                                 contract on the sole ground that the claimant is a party to that
                                                                                 contract.
1.    Dismisses the application;
                                                                           3.    Community law does not preclude a rule of national law barring
                                                                                 a party to a contract liable to restrict or distort competition
2.    Orders the Italian Republic to pay the costs.                              from relying on his own unlawful actions to obtain damages
                                                                                 where it is established that that party bears significant
                                                                                 responsibility for the distortion of competition.
(1) OJ C 366 of 18.12.1999.
                                                                           (1) OJ C 47 of 19.2.2000.