A Luxembourg Commercial Court rules that a de minimis exclusive distribution agreement is not prohibited under Article 85 EC (La Pastourelle/Rolling)

1. Facts On 1 April 1982, "la Pastourelle" (hereafter "the plaintiff"), limited company under Belgian law, and "Maison Rolling" (hereafter "the defendant"), shop located in Luxembourg, concluded an exclusive sale agreement for a duration of 5 years. This agreement was extended for the same duration on 31 March 1987. Under Article 2 of the agreement, the defendant engaged itself that its store in Luxembourg would solely sell clothes provided by the plaintiff, excluding any other supplier. In addition, Article 9 of the contract stated that the defendant could solely sell the clothes authorized by the plaintiff. This requirement was considered as essential to the maintenance of the contractual relationship. In case the defendant would not meet this strict requirement, it had to be

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  • Justinian Lawyers Belgium (Brussels)

Quotation

David Leys, A Luxembourg Commercial Court rules that a de minimis exclusive distribution agreement is not prohibited under Article 85 EC (La Pastourelle/Rolling), 10 November 2000, e-Competitions Bulletin Exclusive distribution, Art. N° 57098

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