CELEX: C1997/252/04
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 5 June 1997 in Case C-41/96 (reference for a preliminary ruling from the Landgericht Hamburg): VAG-Händlerbeirat eV v. SYD-Consult (Article 85 (3) of the EC Treaty - Regulation (EEC) No 123/85 - Selective distribution system - Imperviousness of the system as a precondition for its enforceability against third parties)

16 . 8 . 97          I EN 1                Official Journal of the European Communities                                   No C 252/3
2 . Such rules cannot be justified by reasons relating to             enjoying exemption under those provisions, is not
     the general interest in maintaining industrial peace as          enforceable against third parties unless it is impervious.
     a means of bringing a collective labour dispute to an
     end and thereby preventing any adverse effects on an             (') OJNoC 108 , 13 . 4 . 1996 .
     economic sector, and consequently on the economy of
     the State.
H OJ No C 64 , 2 . 3 . 1996 .
                                                                                         JUDGMENT OF THE COURT
                                                                                                  (Third Chamber)
                                                                                                   of 5 June 1997
                JUDGMENT OF THE COURT                                 in Joined Cases C-64/96 and C-65/96 (references for a
                                                                      preliminary ruling from the Landesarbeitsgericht Hamm):
                        (Sixth Chamber)                               Land Nordrhein-Westfalen              v. Kari Uecker   and Vera
                         of 5 June 1997                                              Jacquet v. Land Nordrhein-Westfalen (')
in Case C-41/96 (reference for a preliminary ruling from               (Freedom of movement for workers — Right of a spouse
the Landgericht Hamburg): VAG-Handlerbeirat eV v.                     of a Community national who has the nationality of a
                         SYD-Consult C )                              non-member country to be employed — Situation purely
                                                                                            internal to a Member State)
(Article 85 (3) of the EC Treaty — Regulation (EEC)
                                                                                                    ( 97/C 252/05 )
No 123/85 — Selective distribution system —
 'Imperviousness ' of the system as a precondition for its
              enforceability against third parties)                                       (Language of the case: German)
                          ( 97/C 252/04 )
                                                                          (Provisional translation; the definitive translation will be
                 (Language of the case: German)                                     published in the European Court Reports)
                                                                       In Joined Cases C-64/96 and C-65/96 : references to the
   (Provisional translation; the definitive translation will be        Court under Article 177 of the EC Treaty from the
           published in the European Court Reports)                    Landesarbeitsgericht ( Higher Labour Court) Hamm,
                                                                       Germany, for a preliminary ruling in the proceedings
                                                                       pending before that court between Land Nordrhein­
                                                                       Westfalen and Kari Uecker and between Vera Jacquet and
 In Case C-41 /96 : reference to the Court under Article 177           Land Nordrhein-Westfalen — on the interpretation of
 of the EC Treaty from the Landgericht ( Regional Court)               Article 48 ( 2 ) of the EC Treaty and Articles 7 ( 1 ) and 11
 Hamburg ( Germany), for a preliminary ruling in the                   of Regulation ( EEC ) No 1612/68 of the Council of
 proceedings pending before that court between VAG­                     15 October 1968 on freedom of movement for workers
 Handlerbeirat      eV    and    SYD-Consult      —     on   the       within the Community ( OJ, English Special Edition 1968
 interpretation of Article 85 ( 3 ) of the EC Treaty and                ( II ), p. 475 ) — the Court ( Third Chamber), composed of:
 Commission Regulation (EEC) No 123/85 of 12 December                  J. C. Moitinho de Almeida ( Rapporteur), President of the
  1984 on the application of Article 85 ( 3 ) of the EEC                Chamber, C. Gulmann and J.-R Puissochet, Judges; N.
 Treaty to certain categories of motor vehicle distribution             Fennelly, Advocate-General ; R. Grass, Registrar, gave a
 and servicing agreements ( OJ No L 15 , 18 . 1 . 1985 , p. 16 )        judgment on 5 June 1997, the operative part of which is
 — the Court ( Sixth Chamber), composed of: G. F.                       as follows :
 Mancini, President of the Chamber, J. L. Murray, G.
 Hirsch, H. Ragnemalm and R. Schintgen ( Rapporteur),
 Judges; G. Tesauro, Advocate-General; H. A. Riihl,                     A national of a non-member country married to a worker
  Principal Administrator, for the Registrar, has given a               having the nationality of a Member State cannot rely on
  judgment on 5 June 1997, in which it has ruled:                       the right conferred by Article 11 of Regulation (EEC)
                                                                        No 1612/68 of the Council of 15 October 1968 on
                                                                        freedom of movement for workers within the Community
  Neither Article 85 (3) of the EC Treaty nor Commission                when that worker has never exercised the right to freedom
  Regulation (EEC) No 123/85 of 12 December 1984 on                      of movement within the Community.
  the application of Article 85 (3) of the EEC Treaty to
  certain categories of motor vehicle distribution and                   (M OJNoC 133,4 . 5 . 1996 .
  servicing agreements is to be interpreted as precluding the
  application of national case-law on unfair competition
  under which a selective distribution system, even if