Ministere public v Jacques Verbrugge. [1987] EUECJ R-160/86 (9 April 1987)

Ministere public v Jacques Verbrugge. [1987] EUECJ R-160/86 (9 April 1987)

Neither Article 7 of the EEC Treaty nor any other provision or principle of that Treaty applies to a difference of treatment under legislation which provides that the retail selling price of books is to be fixed by the publisher or importer, binding on all retailers, and according to which the price of books published and printed in the Member State concerned may be freely determined if re-imported after export to another Member State, whereas the price is fixed by the publisher where the books have not crossed a border within the Community.

Citation
[1987] EUECJ R-160/86
Parties
Defendant: Jacques Verbrugge; Referring Court: Tribunal de Police, Reims
Jurisdiction
European Union
Judgment Date
09 April 1987
Procedural Posture
Preliminary Ruling / Reference From National Court
Outcome
preliminary ruling issued
Legal Topics
Non Discrimination, Fixed Book Pricing, Free Movement of Goods
European Union Law Competition Law Criminal Law Non Discrimination Fixed Book Pricing Free Movement of Goods

Case Brief

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Parties

Jacques Verbrugge

Defendant

Tribunal de Police, Reims

Referring Court

Procedural Posture

Preliminary Ruling / Reference From National Court

Legal Issues

  1. 1 compatibility of national fixed book price legislation with EEC Treaty principles of equality and non-discrimination

Ratio Decidendi

Neither Article 7 of the EEC Treaty nor any other provision or principle of that Treaty applies to a difference of treatment under legislation which provides that the retail selling price of books is to be fixed by the publisher or importer, binding on all retailers, and according to which the price of books published and printed in the Member State concerned may be freely determined if re-imported after export to another Member State, whereas the price is fixed by the publisher where the books have not crossed a border within the Community.

Court Disposition

preliminary ruling issued

Orders

  • Neither Article 7 of the EEC Treaty nor any other provision or principle of that Treaty applies to a difference of treatment under legislation which provides that the retail selling price of books is to be fixed by the publisher or importer, binding on all retailers, and according to which the price of books...