European Commission notice, dated 10th May 2010 – 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
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 330/2010 of 20 April 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
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.”
(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).
For additional information please contact Dr. Friedrich Knöbl at:office@rechtsanwalt-knoebl.at
