Case C-399/93 H. G. Oude Luttikhuis and Others v Verenigde Coöperatieve Melkindustrie Coberco BA* 1. In order to decide whether the withdrawal fee scheme under the statutes of a cooperative association, whereby if a member withdraws or is excluded he must pay a sum calculated on the basis of the amounts he received for his deliveries, is compatible with Article 85(1) of the EEC Treaty, the national court must consider the object of the agreement providing for such fees, the effects of that agreement and whether it affects intraCommunity trade, taking into account the economic context in which the undertakings operate, the products or services covered by the agreement, the structure of the market concerned and the actual conditions in which it functions.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in