CELEX: C1995/333/01
Language: en
Date: 1995-12-09 00:00:00
Title: JUDGMENT OF THE COURT of 24 October 1995 in Case C-70/93 (reference for a preliminary ruling from the Bundesgerichtshof): Bayerische Motorenwerke AG v. ALD Auto-Leasing D GmbH (Selective distribution system - Motor vehicles - Refusal to supply - Territorial protection - Interpretation of Article 85 (1) of the EEC Treaty and Regulation (EEC) No 123/85)

9 . 12 . 95           EN                 Official Journal of the European Communities                                   No C 333/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                 question, or from calling on such dealers to act in that
                                                                     manner .
                      of 24 October 1995
in Case C-70/93 ( reference for a preliminary ruling from the        Commission Regulation (EEC) No 123/85 of 12 December
Bundesgerichtshof): Bayerische Motorenwerke AG v. ALD                1984 on the application of Article 85 (3) of the Treaty to
                  Auto-Leasing D GmbH ( ! )                          certain categories of motor vehicle distribution and
(Selective distribution system — Motor vehicles — Refusal            servicing agreements must be interpreted as meaning that it
to supply — Territorial protection — Interpretation of               does not exempt such an agreement.
Article 85 (1) of the EEC Treaty and Regulation (EEC)
                           No 123/85)                                (') OJ No C 112 , 22 . 4 . 1993 .
                         ( 95/C 333/01 )
                (Language of the case: German)
                                                                                   JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be                               of 24 October 1995
          published in the European Court Reports)
                                                                     in Case C-266/93 ( reference for a preliminary ruling from
In Case C-70/93 : reference to the Court under Article 177 of        the Bundesgerichtshof): Bundeskartellamt v. Volkswagen
the EC Treaty from the Bundesgerichtshof ( Federal Court of                        AG and VAG Leasing GmbH (*)
Justice ) for a preliminary ruling in the proceedings pending        (Leasing in the motor vehicles sector — Dealers acting as
 before that court between Bayerische Motorenwerke AG                agents exclusively for the manufacturer's subsidiary
and ALD Auto-Leasing D GmbH — on the interpretation of               primarily engaged in leasing — Interpretation of
Article 85 ( 1 ) of the EEC Treaty and Commission                    Article 85 (1) of the EEC Treaty and of Regulation (EEC)
 Regulation ( EEC ) No 123/85 of 12 December 1984 on the                                          No 123/85)
 application of Article 85 ( 3 ) of the Treaty to certain                                       ( 95/C 333/02 )
 categories of motor vehicle distribution and servicing
 agreements ( OJ 1985 L 15 , p. 16 ) — the Court, composed of                       (Language of the case: German)
 G. C. Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
 Edward, G. Hirsch ( Presidents of Chambers ), G. F.                  (Provisional translation; the definitive translation will be
 Mancini , F. A. Schockweiler ( Rapporteur ), J. C. Moitinho                  published in the European Court Reports)
 de Almeida, P. J. G. Kapteyn, P. Jann, H. Ragnemalm and
 L. Sevón, Judges; G. Tesauro, Advocate-General; H. A.                In Case C-266/93 : reference to the Court under Article 177
 Rühl , Principal Administrator, for the Registrar, has given a       of the EEC Treaty from the Bundesgerichtshof ( Federal
 judgment on 24 October 1995 , in which it rules :                    Court of Justice ) for a preliminary ruling in the proceedings
                                                                      pending before that court between Bundeskartellamt and
 Article 85 (1 ) of the EEC Treaty must be interpreted as             ( 1 ) Volkswagen AG and ( 2 ) VAG Leasing GmbH,
 meaning that it precludes a motor vehicle manufacturer               supported by VAG-Händlerbeirat eV — on the
 which sells its vehicles through a selective distribution            interpretation of Article 85 ( 1 ) of the EEC Treaty and
 system from agreeing with its authorized dealers that they           Commission Regulation ( EEC ) No 123/85 of 12 December
 are not to deliver vehicles to independent leasing companies         1984 on the application of Article 85 ( 3 ) of the Treaty to
 where, without granting an option to purchase, those                 certain categories of motor vehicle distribution and
 companies make them available to lessees whose residence             servicing agreements ( OJ 1985 L 15 , p. 16 ) — the Court,
 or seat is outside the contract territory of the dealer in           composed of G. C. Rodriguez Iglesias, C. N. Kakouris,