Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962

1. Procedure – preliminary ruling – jurisdiction of the court exclusively dependent on the existence of a request
(EEC Treaty, article 177)
2. Procedure – preliminary ruling on the interpretation of the EEC treaty – request by a national court – form not laid down in the treaty
(EEC treaty, article 177)
3. Procedure – preliminary ruling on interpretation of articles 85 et seq. Of the EEC treaty – justified request
(EEC treaty, article 177)
4. Procedure – preliminary ruling – jurisdiction of the court – limits
(EEC treaty, article 177)
5. Competition – article 85 of the EEC treaty – immediately applicable
6. Competition – agreements and decisions envisaged in article 85 of the EEC treaty – no automatic nullity – principle of legal certainty
7. Competition – agreements and decisions envisaged in article 85 of the EEC treaty – legal consequences of this provision before the entry into force of the implementing regulation
8. Competition – agreements and decisions envisaged in article 85 of the EEC treaty – implementing regulation – entry into force – legal consequences
9. Competition – agreements and decisions envisaged in article 85 of the EEC treaty – effect as regards nullity of agreements and decisions not notified

Citations:

R-13/61, [1962] EUECJ R-13/61, [1962] ECR 47

Links:

Bailii

Jurisdiction:

European

Cited by:

CitedEmerald 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 . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 21 June 2022; Ref: scu.213756