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The Brussels Commercial Court finds an exclusive distribution agreement contrary to Art. 81 EC but declined the claim for damages (APT-B/Lupac)

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Reference
Commercial Court of Brussels, 28 January 1994, APT-B v. Lupac
JLMB. 1994, p. 1262, note H. Monet ; JTDE, 1994, p. 159 ; Pratiques du commerce & Concurrence, Annuaire 1994, p. 493.

The facts APT-B is a Belgian company which business consisted in repairing computer hard drives. It entered into an exclusive distribution agreement with LUPAC. On 11 December 1987, APT-B unilaterally terminated the said contract on the ground of alleged contractual failures and claimed for damages before the Commercial Court of Brussels. However, LUPAC contested the action on its merits and counterclaimed for damages. In its defence, APT-B argued that the agreement should be deemed contrary to Article 81 EC. The preliminary ruling From the outset, the Court found that the justifications put forward by APT-B to justify its unilateral breach of contract were unfounded and consequently dismissed the action on its merits. In order to decide on the counterclaim for compensation

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Tarik Hennen, Alexandre Defossez, The Brussels Commercial Court finds an exclusive distribution agreement contrary to Art. 81 EC but declined the claim for damages (APT-B/Lupac), 28 January 1994, e-Competitions January 1994, Art. N° 1218

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