ECJ 1. Competition – agreements, decisions and concerted practices -agreements between undertakings – automatic nullity – effects on those parts of the agreement which are not incompatible with article 85 (1) – matter for the national court to decide – application of national law (EEC treaty, art. 85 (1) and (2)) 2. Competition – agreements, decisions and concerted practices -prohibition – exemption by categories – regulation no 123/85 – purpose and scope (EEC treaty, art. 85 (1) to (3); commission regulation no 123/85). 1. The consequences of the fact that those contractual provisions which are incompatible with article 85 (1) of the EEC treaty are automatically void for all other parts of the agreement or for other obligations flowing from it are not a matter for community law. It is for the national court to determine in accordance with the relevant national law the extent and consequences of the nullity of certain contractual provisions by virtue of article 85 (2). 2. Commission regulation no 123/85 on the application of article 85 (3) of the EEC treaty to certain categories of motor vehicle distribution and servicing agreements does not lay down any mandatory provisions directly affecting the validity or the content of contractual provisions or oblige the contracting parties to adapt the contents of their agreement but merely lays down conditions which, if they are satisfied, exclude certain contractual provisions from the prohibition and consequently from the automatic nullity provided for in article 85 (1) of the EEC treaty.
Citations:
C-10/86, R-10/86, [1986] EUECJ R-10/86
Links:
Jurisdiction:
European
Commercial
Updated: 17 October 2022; Ref: scu.215477
