SA Lancome and Cosparfrance Nederland BV v Etos BV and Albert Heyn Supermart BV. [1980] EUECJ R-99/79 (10 July 1980)

SA Lancome and Cosparfrance Nederland BV v Etos BV and Albert Heyn Supermart BV. [1980] EUECJ R-99/79 (10 July 1980)

A Commission administrative letter closing a competition file terminates the provisional validity of notified agreements but is not binding on national courts, which must independently assess compatibility with Article 85 EEC. Selective distribution systems relying on more than objective qualitative criteria, especially quantitative selection, are incompatible with Article 85(1) if they may affect trade between Member States and restrict competition.

Citation
[1980] EUECJ R-99/79
Parties
Applicant: SA Lancôme; Applicant: Cosparfrance Nederland BV; Respondent: Etos BV; Respondent: Albert Heyn Supermart BV
Jurisdiction
European Union
Judgment Date
10 July 1980
Procedural Posture
Reference for a Preliminary Ruling / Judgment on Preliminary Questions
Outcome
Preliminary ruling issued; national court to decide the main action.
Legal Topics
Selective Distribution, Article 85 EEC Treaty, Notification of Agreements, Commission Administrative Letters, Provisional Validity of Agreements
Competition Law European Union Law Selective Distribution Article 85 EEC Treaty Notification of Agreements Commission Administrative Letters Provisional Validity of Agreements

Case Brief

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Parties

SA Lancôme

Applicant

Cosparfrance Nederland BV

Applicant

Etos BV

Respondent

Albert Heyn Supermart BV

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Questions

Legal Issues

  1. 1 Legal nature and effect of Commission administrative letters closing a competition file
  2. 2 Termination of provisional validity of notified agreements
  3. 3 Compatibility of selective distribution systems with Article 85(1) EEC Treaty

Ratio Decidendi

A Commission administrative letter closing a competition file terminates the provisional validity of notified agreements but is not binding on national courts, which must independently assess compatibility with Article 85 EEC. Selective distribution systems relying on more than objective qualitative criteria, especially quantitative selection, are incompatible with Article 85(1) if they may affect trade between Member States and restrict competition.

Court Disposition

Preliminary ruling issued; national court to decide the main action.

Orders

  • A Commission administrative letter closing a competition file ends the provisional validity of notified agreements; its opinions are not binding on national courts but may be considered.
  • Selective distribution agreements based on more than objective qualitative criteria are incompatible with Article 85(1) if they may affect trade between Member States and restrict competition.