The Düsseldorf Higher Regional Court dismisses repair shop action over right to be admitted to a passenger car manufacturer’s authorised repair network (MAN)

On 21 December 2011, the Düsseldorf Higher Regional Court (the Court), sitting as the court of last instance, decided an important case concerning the right of a manufacturer of passenger vehicles to refuse to appoint a repairer applying to be admitted to its authorised repair network. The European Commission’s position is that, in general, all qualified repairers must be admitted to an authorised network owing to the market power enjoyed by an authorised network in the brand specific after-market where services are provided to end customers. However, this judgment rejects the relevance of any

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The Düsseldorf Higher Regional Court dismisses repair shop action over right to be admitted to a passenger car manufacturer’s authorised repair network (MAN), 21 December 2011, e-Competitions Bulletin December 2011, Art. N° 58824

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