The Supreme Court of the Netherlands declares that the national provision equivalent to Art. 81 EC is not a provision of public policy and, as a consequence, may not be applied ex officio by Dutch courts (De gemeente Heerlen / Whizz Croissanterie)

The municipality of Heerlen is the owner of four buildings located in a shopping street of that city. In order to erect those buildings, the municipality concluded an agreement with Whizz in November 1999, according to which Whizz had to evacuate the kiosk within which it was running his sandwich bar and would be reallocated later in one of the newly erected building. It was further agreed that in two of the four buildings no other sandwich bars would be allowed. In November 2001, Whizz noticed that sandwiches were sold in one of the two buildings in breach of its agreement with the municipality. As the municipality did not take any steps to end this competing activity, Whizz initiated proceedings before the Rechtbank Maastricht (Court of First Instance of Maastricht). In July 2004,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, The Supreme Court of the Netherlands declares that the national provision equivalent to Art. 81 EC is not a provision of public policy and, as a consequence, may not be applied ex officio by Dutch courts (De gemeente Heerlen / Whizz Croissanterie), 16 January 2009, e-Competitions Bulletin Direct effect, Art. N° 24292

Visites 1960

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues