Parfums Marcel Rochas Vertriebs-GmbH v Helmut Bitsch. (Policy Of The Eec ) [1970] EUECJ R-1/70 (30 June 1970)

Parfums Marcel Rochas Vertriebs-GmbH v Helmut Bitsch. (Policy Of The Eec ) [1970] EUECJ R-1/70 (30 June 1970)

Contracts in identical terms to a previously notified standard contract, even if concluded after Regulation No 17/62 entered into force and not individually notified, are provisionally valid and benefit from the notification of the standard contract. For notification deadlines, such contracts are treated as...

Source-derived case information.

Citation
[1970] EUECJ R-1/70
Parties
Applicant: Parfums Marcel Rochas Vertriebs-GmbH; Respondent: Helmut Bitsch
Jurisdiction
European Union
Judgment Date
30 June 1970
Procedural Posture
Reference for a Preliminary Ruling / Judgment on Preliminary Questions
Outcome
preliminary ruling issued
Legal Topics
Restrictive Agreements, Standard Contracts, Notification Requirements, Provisional Validity, Export Prohibitions
European Union Law Competition Law Restrictive Agreements Standard Contracts Notification Requirements Provisional Validity Export Prohibitions

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Parties

Parfums Marcel Rochas Vertriebs-GmbH

Applicant

Helmut Bitsch

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether supply contracts containing export prohibitions, concluded after Regulation No 17/62 entered into force and not individually notified, are provisionally valid if a standard contract in identical terms was previously notified.
  2. 2 Whether, for notification deadlines under Article 5 of Regulation No 17/62, standard contracts used as a basis for multiple individual contracts are to be treated as agreements between not more than two undertakings.

Ratio Decidendi

Contracts in identical terms to a previously notified standard contract, even if concluded after Regulation No 17/62 entered into force and not individually notified, are provisionally valid and benefit from the notification of the standard contract. For notification deadlines, such contracts are treated as agreements between not more than two undertakings, even if part of a system of parallel contracts.

Court Disposition

preliminary ruling issued

Orders

  • Agreements referred to in Article 85(1) of the Treaty, concluded after entry into force of Regulation No 17/62 and exactly reproducing a previously notified standard contract, are entitled to the same provisional validity as the latter.
  • For purposes of Article 5 of Regulation No 17/62, as amended, contracts existing at the entry into force of Regulation No 17/62, concluded between two undertakings and notified as standard contracts, are treated as agreements between not more than two undertakings, even if part of a system of parallel contracts.