26.5.2012

Official Journal of the European Union

C 151/18

Reference for a preliminary ruling from the Audiencia Provincial de Burgos (Spain) lodged on 5 March 2012 — La Retoucherie de Manuela, S.L. v La Retoucherie de Burgos, S.C.

(Case C-117/12)

2012/C 151/32

Language of the case: Spanish

Referring court

Audiencia Provincial de Burgos

Parties to the main proceedings

Applicant: La Retoucherie de Manuela, S.L.

Defendant: La Retoucherie de Burgos, S.C.

Questions referred

Should the words ‘premises and land from which the buyer has operated during the contract period’ used in Article 5(b) of [Commission] Regulation [(EC) No] 2790/1999 (1) be understood as meaning that they are limited to the place or physical space from which goods were sold or services provided while the agreement was in effect or can they apply to the entire territory in which the purchaser operated during the contract period?

2.	In the event that the Court rules in favour of the first interpretation, in the case of a franchise agreement which allocates a specific territory to the franchisee, can the words ‘premises and land’ refer to the territory in which the franchisee has operated during the contract period?

(1) Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L 336, p. 21).