ECJ Advocate General Mengozzi delivers opinion concerning agency agreements (CEPSA)

On 13 March 2008, AG Mengozzi delivered his Opinion in CEPSA, Estaciones de Servicio SA v. LV Tobar e Hijos SL. This preliminary reference was made by a Spanish court in the context of a contractual dispute which arose between CEPSA, a supplier of fuel and related products, and Tobar, a petrol station. It appears that in 1996 CEPSA entered into a contract for the resale of fuel and related products with Tobar. This contract imposed a non-compete obligation on Tobar for 10 years, renewable for periods of 5 years. According to the Opinion, CEPSA set the resale price charged by Tobar until November 2001. From then on, Tobar was informed by CEPSA that it was free to establish its resale price provided that this did not affect CEPSA‘s income. In 2003, Tobar ceased purchasing from CEPSA and

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  • Van Bael & Bellis (Brussels)

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Andrzej Kmiecik, ECJ Advocate General Mengozzi delivers opinion concerning agency agreements (CEPSA), 13 March 2008, e-Competitions Bulletin March 2008, Art. N° 44898

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