Procureur general v Yvette Rousseau. [1987] EUECJ R-168/86 (25 February 1987)

Procureur general v Yvette Rousseau. [1987] EUECJ R-168/86 (25 February 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 all retailers, and allowing free determination of price for re-imported books after export to another Member State.

Citation
[1987] EUECJ R-168/86
Parties
Defendant: Yvette Rousseau; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
25 February 1987
Procedural Posture
Criminal Proceedings / Preliminary Ruling
Outcome
preliminary ruling issued
Legal Topics
Fixed Book Pricing, Free Movement of Goods, Discrimination, National Legislation Compatibility
European Union Law Competition Law Criminal Law Fixed Book Pricing Free Movement of Goods Discrimination National Legislation Compatibility

Case Brief

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Parties

Yvette Rousseau

Defendant

Commission of the European Communities

Intervener

Procedural Posture

Criminal Proceedings / Preliminary Ruling

Legal Issues

  1. 1 Does national legislation requiring fixed book prices violate Articles 3(f) and 7 of the EEC Treaty?
  2. 2 Is differential treatment based on export/re-import status compatible with Community law?

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 all retailers, and allowing free determination of price for re-imported books after export to another Member State.

Court Disposition

preliminary ruling issued

Orders

  • Neither Article 7 of the EEC Treaty nor any other provision or principle of that Treaty applies to the difference of treatment under the national legislation on book pricing.
  • Decision on costs is a matter for the national court.