Search Results for: EEC Treaty 85(1)

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Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty. Exclusive supply agreements, the execution of which … Continue reading Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006

The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

Ministere Public v Tournier: ECJ 13 Jul 1989

1 Free movement of goods – Industrial and commercial property – Copyright – Protection – Limits – Sound-recordings marketed in a Member State with the consent of the author – Importation into another Member State – Objection or restriction relating to the charging of a copyright royalty – Not permissibility (EEC Treaty, Art 30) 2 … Continue reading Ministere Public v Tournier: ECJ 13 Jul 1989

Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

ECJ Agreements Prior And Subsequent To Regulation No 17 – 1. When an agreement prior to the implementation of article 85 by regulation no 17 has been notified in accordance with the provisions of that regulation, the general principle of contractual certainty requires that a court can only declare the agreement to be void after … Continue reading Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

ECJ (Judgment) Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article … Continue reading Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

Ventouris Enterprises v Commission: ECFI 20 Jul 1999

ECJ Competition – Regulation (EEC)No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1)of the EC Treaty (now Article 81(1)EC) – Price-fixing – Proof of infringement – Error of assessment of the facts – Fines – Proportionality – Mitigating circumstances. … Continue reading Ventouris Enterprises v Commission: ECFI 20 Jul 1999

Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

The court considered a petrol station agreement under which the operator of the station agreed to take fuel from a single supplier. The agreement was for 10 years and thereafter the operator could terminate the agreement by giving a year’s notice. Neste acquired the supplier and after the 10-year period had expired the operator stopped … Continue reading Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

Cabour and Nord Distribution Automobile v Arnor ‘SOCO’: ECJ 30 Apr 1998

ECJ (Judgment) Competition – Vehicle distribution – Validity of exclusive dealership agreement – Article 85(1) and (3) of the EC Treaty – Regulation (EEC) No 123/85 – Regulation (EC) No 1475/95 Citations: [1998] EUECJ C-230/96, C-230/96, [1998] EUECJ C-230/96 Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161905

H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting ruling. ‘As a body which supervises compliance with the Community rules of competition and has specialised … Continue reading H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

Parks v Esso Petroleum Company Limited: CA 23 Jul 1999

The claimant sought to add a claim under the regulations for compensation after termination of his agency for the defendants. The lower court had rejected his claim saying that the petrol products he sold were at a price fixed by Esso, and that since he did not negotiate the price he fell outside the regulations. … Continue reading Parks v Esso Petroleum Company Limited: CA 23 Jul 1999

S A Brasserie de Haecht v Consorts Wilkin-Janssen: ECJ 12 Dec 1967

ECJ 1. Policy of the EEC- competition – agreements between undertakings – prohibition in article 85(1) – consideration of the economic and legal context 2. Policy of the EEC – competition – agreements which may effect trade between member states – concept (EEC treaty, article 85) 3. Policy of the EEC – competition – brewery … Continue reading S A Brasserie de Haecht v Consorts Wilkin-Janssen: ECJ 12 Dec 1967

Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966

Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty – proceedings before the commission – prior notification of the parties concerned – purpose 3. Policy of the EEC – … Continue reading Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966

Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969

Europa 1. Procedure – preliminary ruling – jurisdiction of the court of justice – limits (EEC treaty, article 177) 2. Policy of the EEC – rules on competition between undertakings – agreements which may affect trade between member state – concept (EEC treaty, article 85) 3. Policy of the EEC – rules on competition between … Continue reading Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969

S A Portelange v S A Smith Corona Marchant International and others (Judgment): ECJ 9 Jul 1969

Europa 1. Procedure – preliminary questions – jurisdiction of the court – limits – task of the national courts (EEC treaty, article 177) 2. Policy of the EEC – rules on competition – agreements – notification – prohibition of an agreement notified – condition of prohibition (EEC treaty, article 85; regulation no 17/62 of the … Continue reading S A Portelange v S A Smith Corona Marchant International and others (Judgment): ECJ 9 Jul 1969

Societe anonyme Cimenteries C B R Cementsbedrijven N V and others v Commission of the European Economic Community (Judgment): ECJ 15 Mar 1967

Europa Measures adopted by an institution – decision – concept (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – infringements – fines – exemption – refusal by the commission – procedure to be followed before giving a refusal – statement of reasons (EEC treaty, articles 85, 86; … Continue reading Societe anonyme Cimenteries C B R Cementsbedrijven N V and others v Commission of the European Economic Community (Judgment): ECJ 15 Mar 1967

Italian Republic v Council of the European Economic Community and Commission of the European Economic Community (Judgment): ECJ 13 Jul 1966

Europa 1. Policy of the EEC – rules on competition applicable to undertakings – regulations to be adopted by the council – discretionary powers of the latter – scope (EEC treaty, article 87) 2. Policy of the EEC – rules on competition applicable to undertakings – agreements – prohibition – exemption for categories of agreements … Continue reading Italian Republic v Council of the European Economic Community and Commission of the European Economic Community (Judgment): ECJ 13 Jul 1966

Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004

The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004

Nv L’Oreal And Sa L’Oreal v Pvba De Nieuwe Amck: ECJ 11 Dec 1980

ECJ The agreements laying down a selective distribution system based on criteria for admission which go beyond a mere objective selection of a qualitative nature exhibit features making them incompatible with article 85(1) of the EEC treaty where such agreements, either individually or together with others, may, in the economic and legal context in which … Continue reading Nv L’Oreal And Sa L’Oreal v Pvba De Nieuwe Amck: ECJ 11 Dec 1980

Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

EC has sole jurisdiction over old cartels Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel … Continue reading Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017