Procureur de la Republique v Claude Chabaud and Jean-Louis Remy. [1985] EUECJ R-80/84 (25 September 1985)

Procureur de la Republique v Claude Chabaud and Jean-Louis Remy. [1985] EUECJ R-80/84 (25 September 1985)

National rules imposing a minimum price for retail fuel sales are not per se prohibited by Articles 3(f) and 5 of the EEC Treaty, but are prohibited by Article 30 if the minimum price is based solely on national refinery prices and cost structures, leading to restrictions on the free movement of goods when European fuel rates differ by more than 8%.

Citation
[1985] EUECJ R-80/84
Parties
Public Prosecutor: Procureur de la République; Accused: Claude Chabaud; Accused: Jean-Louis Rémy
Jurisdiction
European Union
Judgment Date
25 September 1985
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Judgment
Outcome
Preliminary ruling issued; national rules not prohibited by Articles 3(f) and 5, but may be prohibited by Article 30 under specified conditions.
Legal Topics
Minimum Fuel Pricing, Compatibility of National Law With EEC Treaty, Free Movement of Goods, Quantitative Restrictions
European Union Law Competition Law Criminal Law Minimum Fuel Pricing Compatibility of National Law With EEC Treaty Free Movement of Goods Quantitative Restrictions

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Parties

Procureur de la République

Public Prosecutor

Claude Chabaud

Accused

Jean-Louis Rémy

Accused

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Judgment

Legal Issues

  1. 1 Whether national rules imposing a minimum price for retail fuel sales are compatible with Articles 3(f), 5, and 30 of the EEC Treaty

Ratio Decidendi

National rules imposing a minimum price for retail fuel sales are not per se prohibited by Articles 3(f) and 5 of the EEC Treaty, but are prohibited by Article 30 if the minimum price is based solely on national refinery prices and cost structures, leading to restrictions on the free movement of goods when European fuel rates differ by more than 8%.

Court Disposition

Preliminary ruling issued; national rules not prohibited by Articles 3(f) and 5, but may be prohibited by Article 30 under specified conditions.

Orders

  • Articles 3(f) and 5 of the EEC Treaty do not prohibit national rules providing for a minimum price for retail fuel sales.
  • Article 30 of the EEC Treaty prohibits such rules where the minimum price is fixed solely on the basis of ex-refinery prices of national refineries and linked to ceiling prices based solely on national refinery costs when European fuel rates differ by more than 8%.