CELEX: E1997P0003
Language: en
Date: 1997-09-04 00:00:00
Title: Request for an advisory opinion from the EFTA Court by Nedre Romerike herredsrett by decision of that court of 2 September 1997 in the case of Jan og Kristian Jæger AS v. Opel Norge AS (Case E-3/97)

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E1997P0003

Request for an advisory opinion from the EFTA Court by Nedre Romerike herredsrett by decision of that court of 2 September 1997 in the case of Jan og Kristian Jæger AS v. Opel Norge AS (Case E-3/97)  

Official Journal C 376 , 11/12/1997 P. 0013 - 0013

Request for an advisory opinion from the EFTA Court by Nedre Romerike herredsrett by decision of that court of 2 September 1997 in the case of Jan og Kristian Jæger AS v. Opel Norge AS (Case E-3/97) (97/C 376/12)A request has been made to the EFTA Court by decision of 2 September 1997 of Nedre Romenike herredsrett (Nedre Romerike municipal court), Norway, which was received at the Court Registry on 4 September 1997, for an advisory opinion in the case of Jan og Kristian Jæger AS v. Opel Norge AS, on the following questions:1. (a) Does Article 53 (1) of the EEA Agreement, regarding the rules on selective distribution, prohibit an importer, on entering into a dealership agreement concerning motor vehicles, from imposing conditions regarding a certain shareholder structure of the dealer?(b) If so, will this be applicable regardless of the aim or effects of the condition?(c) Did such a prohibition exist in September 1995?2. (a) Does Article 53 (1) of the EEA Agreement, regarding the rules on selective distribution, prohibit an importer, on entering into a dealership agreement concerning motor vehicles, from imposing conditions regarding the owners and/or general manager in the dealer company holding ownership interests in other companies which deal and/or hold ownership interests in other companies which deal with motor vehicles?(b) If so, is this applicable regardless of the aim or effects of the condition?(c) Did such a prohibition exist in September 1995?3. Does it follow from Article 53 (1) of the EEA Agreement that an importer of motor vehicles in September 1995 had an obligation to enter into a dealership agreement with any or all who wished to be dealers and who otherwise met the qualitative criteria the importer could lawfully impose on dealers?4. Is Article 53 (1) of the EEA Agreement to be construed to the effect that negotiations about an agreement or an agreement to enter into an agreement is tantamount to an 'agreement` and, consequently, sufficient to bring the matter within the scope of Article 53 (1)?5. Is Article 53 (1) of the EEA Agreement to be construed to the effect that a refusal to accept a dealer falls to be examined pursuant to Article 53 when that refusal can serve to enforce an anticompetitive policy or contractual pratice between the importer and other, existing dealers?6. Is Article 53 (2) to be construed to the effect that if a condition is contrary to Article 53 (1) and/or the rules on selective distribution, the entire contract is then of no legal force or