Keywords
Summary

Keywords

1 . APPLICATION FOR A DECLARATION OF NULLITY - NATURAL OR LEGAL PERSONS - INTEREST IN REQUESTING THE COMMISSION TO ESTABLISH AN INFRINGEMENT OF THE COMMUNITY RULES ON COMPETITION - INTEREST IN TAKING ACTION AGAINST THE COMMISSION ' S REFUSAL

( EEC TREATY , ART . 173 , SECOND PARA .; REGULATION NO 17 OF THE COUNCIL , ART . 3 ( 2 ) ( B )) 2 . COMPETITION - ADMINISTRATIVE PROCEDURE - REQUEST BY A NATURAL OR LEGAL PERSON TO ESTABLISH AN INFRINGEMENT - REQUEST BY A TRADER NOT GRANTED A DEALERSHIP BY A COMPANY OPERATING A SELECTIVE DISTRIBUTION AGREEMENT - COMMISSION ' S DUTY TO CONSIDER THE LEGALITY OF THE APPLICATION BY THE COMPANY OF ITS DISTRIBUTION SYSTEM

( EEC TREATY , ART . 85 ( 1 ); REGULATION NO 17 OF THE COUNCIL , ART . 3 ( 2 ) ( B ))

Summary

1 . IT IS IN THE INTERESTS OF THE SATISFACTORY ADMINISTRATION OF JUSTICE AND OF THE PROPER APPLICATION OF ARTICLES 85 AND 86 THAT NATURAL OR LEGAL PERSONS WHO ARE ENTITLED , PURSUANT TO ARTICLE 3 ( 2 ) ( B ) OF REGULATION NO 17 , TO REQUEST THE COMMISSION TO FIND AN INFRINGEMENT OF ARTICLES 85 AND 86 SHOULD BE ABLE , IF THEIR REQUEST IS NOT COMPLIED WITH EITHER WHOLLY OR IN PART , TO INSTITUTE PROCEEDINGS IN ORDER TO PROTECT THEIR LEGITIMATE INTERESTS . SINCE THE REFUSAL BY A COMPANY WHICH OPERATES A SELECTIVE DISTRIBUTION AGREEMENT TO GRANT A DEALERSHIP TO A TRADER MAY BE CAPABLE OF AFFECTING HIS LEGITIMATE INTERESTS HIS APPLICATION FOR A DECLARATION OF NULLITY DIRECTED AGAINST THE POSITION ADOPTED BY THE COMMISSION IN A COMMUNICATION INFORMING HIM OF ITS INTENTION NOT TO FOLLOW UP HIS COMPLAINT IS ADMISSIBLE .

2 . WHEN IT HAS RECEIVED FROM A TRADER WHO HAS NOT BEEN GRANTED A DEALERSHIP BY A COMPANY WHICH OPERATES A SELECTIVE DISTRIBUTION SYSTEM A REQUEST FOR THE ESTABLISHMENT OF AN INFRINGEMENT , THE COMMISSION MUST EXAMINE THE FACTS PUT FORWARD BY THE TRADER IN ORDER TO DECIDE WHETHER THE COMPANY ' S APPLICATION OF ITS SELECTIVE DISTRIBUTION SYSTEM IS CAPABLE OF DISTORTING COMPETITION WITHIN THE COMMON MARKET AND OF AFFECTING TRADE BETWEEN MEMBER STATES .