CELEX: C2007/056/17
Language: en
Date: 2007-03-10 00:00:00
Title: Case C-421/05: Judgment of the Court (Third Chamber) of 18 January 2007 (reference for a preliminary ruling from the Rechtbank van Koophandel te Brussel, Belgium) — City Motors Groep NV v Citroën Belux NV (Competition — Distribution agreement relating to motor vehicles — Block exemption — Regulation (EC) No 1400/2002 — Article 3(4) and (6) — Termination by the supplier — Right to refer the dispute to an expert or arbitrator or to apply to a national court — Express termination clause — Compatibility with the block exemption — Validity of the grounds for the termination — Effective review)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/10
            
         Judgment of the Court (Third Chamber) of 18 January 2007 (reference for a preliminary ruling from the Rechtbank van Koophandel te Brussel, Belgium) — City Motors Groep NV v Citroën Belux NV
   (Case C-421/05) (1)
   
   (Competition - Distribution agreement relating to motor vehicles - Block exemption - Regulation (EC) No 1400/2002 - Article 3(4) and (6) - Termination by the supplier - Right to refer the dispute to an expert or arbitrator or to apply to a national court - Express termination clause - Compatibility with the block exemption - Validity of the grounds for the termination - Effective review)
   (2007/C 56/17)
   Language of the case: Dutch
   Referring court
   Rechtbank van Koophandel te Brussel
   Parties to the main proceedings
   
      Applicant: City Motors Groep NV
   
      Defendant: Citroën Belux NV
   Re:
   Reference for a preliminary ruling — Rechtbank van koophandel te Brussel — Interpretation of Article 3(6) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (OJ 2002 L 203, p. 30) — Prohibition on inserting an express termination clause in a motor vehicle concession agreement intended to benefit from the exemption
   Operative part of the judgment
   Article 3(6) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector is to be interpreted as meaning that the mere fact that an agreement falling within the scope of that regulation contains an express termination clause, such as that at issue in the main proceedings, under which such an agreement can be terminated by the supplier as of right and without notice in the event of a breach by the distributor of one of the contractual obligations referred to in that clause, does not have the effect of rendering the block exemption provided for in Article 2(1) of that regulation inapplicable to that agreement.
   
      (1)  OJ C 36, 11.2.2006.