CELEX: C1997/199/11
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 24 April 1997 in Case C-39/96 (reference for a preliminary ruling from the Arrondissementsrechtbank te Amsterdam): Koninklijke Vereeniging ter Bevordering van de Belangen des Boekhandels v. Free Record Shop BV, Free Record Shop Holding NV (Article 85 of the EC Treaty - Article 5 of Council Regulation No 17 - Provisional validity of agreements pre-dating Regulation No 17 and notified to the Commission - Provisional validity of agreements amended after notification)

28 . 6 . 97           I EN |                  Official Journal of the European Communities                                  No C 199/7
                 JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                           ( Fifth Chamber)                                                       (Fifth Chamber)
                          of 24 April 1997                                                         of 7 May 1997
in Case C-39/96 ( reference for a preliminary ruling from                in Joined Cases C-321/94, C-322/94, C-323/94 and
the Arrondissementsrechtbank te Amsterdam ): Koninklijke                 C-324/94 ( references for a preliminary ruling from the
Vereeniging ter Bevordering van de Belangen des                          French Cour de Cassation): criminal proceedings against
Boekhandels v. Free Record Shop BV, Free Record Shop                                       Jacques Pistre and Others (')
                            Holding NV (')
                                                                         (Regulation (EEC) No 2081/92 on the protection of
 (Article 85 of the EC Treaty — Article 5 of Council                     geographical indications and designations of origin for
Regulation No 17 — Provisional validity of agreements                    agricultural products and foodstuffs — Articles 30 and 36
pre-dating Regulation No 17 and notified to the                          of the EC Treaty — Domestic legislation on the use of the
 Commission — Provisional validity of agreements                         description 'mountain ' for agricultural products and
                    amended after notification)                                                        foodstuffs)
                             ( 97/C 199/ 11 )                                                       ( 97/C 199/ 12 )
                  (Language of the case: Dutch)                                           (Language of the case: French)
   (Provisional translation; the definitive translation will be            (Provisional translation; the definitive translation will be
            published in the European Court Reports)                               published in the European Court Reports)
In Case C-39/96 : reference to the Court under Article 177               In Joined Cases C-321 /94, C-322/94, C-323/94 and
of the EC Treaty from the Arrondissementsrechtbank                       C-324/94 : references to the Court under Article 177 of the
( District Court) Amsterdam, for a preliminary ruling in                 EC Treaty from the French Cour de Cassation ( Court of
the proceedings pending before that court between                        Cassation ) for a preliminary ruling in the criminal
Koninklijke Vereeniging ter Bevordering van de Belangen                  proceedings pending before that court against Jacques
des Boekhandels and Free Record Shop BV, Free Record                     Pistre ( C-321 /94 ), Michele Barthes ( C-322/94 ), Yves
Shop Holding NV — on the interpretation of Article 85 of                 Milhau ( C-323/94 ) and Didier Oberti ( C-324/94 ) — on
the EC Treaty and of Council Regulation No 17 of                         the interpretation of Article 2 of Council Regulation
6 February 1962, First Regulation implementing                           ( EEC ) No 2081 /92 of 14 July 1992 on the protection of
Articles 85 and 86 of the Treaty ( OJ, English Special                   geographical indications and designations of origin for
Edition 1959-1962, p. 87), as amended by Council                         agricultural products and foodstuffs ( OJ No L 208 , 24 . 7.
Regulation No 59 of 3 July 1962 ( OJ, English Special                    1992, p. 1 ) and of Articles 30 and 36 of the EC Treaty —
Edition 1959-1962 , p. 249 ) — the Court ( Fifth Chamber),               the Court ( Fifth Chamber), composed of: J. C. Moitinho
composed of: J. C. Moitinho de Almeida ( President of the                de Almeida, President of the Chamber, C. Gulmann
Chamber), L. Sevon, C. Gulmann, D. A. O. Edward                          ( Rapporteur ), D. A. O. Edward, J. -P. Puissochet and M.
( Rapporteur) and M. Wathelet, Judges; C. O. Lenz,                       Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Advocate-General; H. von Holstein, Deputy Registrar, for                 Hewlett, Administrator, for the Registrar, has given a
the Registrar, has given a judgment on 24 April 1997, in                 judgment on 7 May 1997, in which it has ruled:
which it has ruled :
                                                                         1 . Council Regulation (EEC) No 2081 /92 of 14 July
1 . The provisional validity of a restrictive agreement                        1992 on the protection of geographical indications
      which was concluded before the entry into force of                      and designations of origin for agricultural products
      Council Regulation No 17 of 6 February 1962, First                      and foodstuffs does not preclude application of
      Regulation implementing Articles 85 and 86 of the                       domestic rules, such as those laid down by Article 34
      Treaty, as amended by Council Regulation No 59 of                       of Law No 85—30 of 9 January 1985 and Decree
     3 July 1 962 and which was notified to the                               No 88—194 of 26 February 1988, which lay down
      Commission before 1 November 1962 expires only                          the conditions governing the use of the description
      when the Commission has taken either a positive or a                    'mountain ' in relation to agricultural products and
      negative decision on that agreement.                                    foodstuffs.
2 . A duly notified restrictive agreement concluded before               2 . Article 30 of the EC Treaty precludes application of
      the entry into force of Regulation No 1 7, as amended                   domestic rules, such as those laid down by Article 34
      by Regulation No 59, enjoys provisional validity only                   of Law 85—30 and Decree No 88—194, which
      if its terms remain unchanged or, in the event of                       restrict use of the description 'mountain ' to products
     amendments, if these do not have the effect of                           manufactured on national territory and prepared from
      reinforcing or extending its restrictive effects.                       domestic raw materials.
(') OJ No C 95 , 30 . 3 . 1996 .                                         (') OJ No C 386 , 31 . 12 . 1994 .