The EU Court of First Instance upholds that a limitation on the sale of a cosmetics company’s product except to officially designated pharmacists was quantitative and falls under Article 81(1) (Vichy)

Case T-19/91 Société d'Hygiène Dermatologique de Vichy v Commission of the European Communities* 1. A decision adopted pursuant to Article 15(6) of Regulation No 17 withdrawing exemption from a fine from an undertaking that has notified an agreement is an act against which an action for annulment may be brought under Article 173 of the Treaty provided that the Commission thereby adopts a measure which it has legal effects as regards the interests of the undertaking concerned and is binding on it. 2. It is apparent from the combined provisions of Article 10(1) and (3) of Regulation No 17 that the opinion of the Advisory Committee on restrictive practices