European Commission notice, dated 10th May 2010 – Guidelines on Vertical Restraints

Guidelines on Vertical Restraints

European Commission notice, dated 28th May 2010- Supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles

Supplementary guidelines on vertical restraints

Frequently Asked Questions (FAQs) on the application of EU antitrust rules in the motor vehicle sector – 28th August 2012

Frequently asked questions on the application of EU antitrust rules in the motor vehicle sector

Commission Regulation 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector

Commission Regulation 461/2010

Evaluation Report on BER nº 1400/2002 concerning motor vehicle distribution and servicing has been issued by the DG Competion (European Commission), in accordance with article 11.3 of the BER nº 1400/2002.

” (…)The Commission therefore concludes at this stage that a more flexible regime, drawing closer inspiration from the general principles applicable to vertical restraints as currently reflected in Regulation 2790 would have ensured an equivalent level of protection of competition in the market, while entailing lower compliance costs for companies and a more efficient enforcement system for competition authorities.”

Commission Evaluation Report on the operation of BER Nº 1400/2002


This Congress aims for creating the ideal platform so that the German franchised automobile dealers take a look at their situation and think about perspectives for the future and that the government as well as car manufacturers and importers are informed about the dealers’ requests, expectations and demands.

The Congress programme has top expert speakers, taking not only a closer look at the German car market but also beyond the borders of, for instance, the USA, Italy, Austria and, of course, Brussels, towards the EU Commission.

Prof. Dr. Christian Genzow, the German EDL member, will participate in the Panel Discussion: “Sales and Service after 2010 – Where are we heading to“, together with other experts and the European Commission representative.

For further information, please go to the Congress webpage.


In the photograph, from left to right, Dr. Christian Genzow (German EDL member) with Dr.Stephan Simon (European Commission) , Prof. Dr. Jürgen Creutzig (CECRA Chaiman), Dr. Alexander Martinowsky, Prof. Dr. Willi Diez, Hubert Nieswandt, Michael Thiede.

The Spanish Dealers Federation, FACONAUTO, is promoting a popular iniciative aiming that the Spanish Parliament approves a Distribution Contracts Law, which requires the support of at least 500,000 signatures of Spanish citizens.


(16.03.2007) The Austrian Supreme Court decided in a case against Nissan, that the importer, which has terminated a dealer contract, has to take back all spare parts at the original costs (6Ob 254/06f). He followed in this matter the decision of the Supreme Court of Germany (VIII ZR 254/93).

Original text of decision - German version

For additional information please contact Dr. Friedrich Knöbl

1 2 3