On 23 June 2004, the German Higher Regional Court of Düsseldorf issued a decision on the compatibility with EC law of a contract concerning an exclusive right to import Czech beer into Germany  . Facts The plaintiff used to be the sole importer and authorised dealer in Germany for Budweiser Budvar beer produced by the Czech brewery Budějovický Budvar n.p. (“B”). The defendant, a subsidiary of B, also acted as an importer of beer. In January 2004 the plaintiff brought an action for an injunction against the defendant for making unfair use of a breach of contract on B's part. According to the plaintiff the defendant was importing Budweiser
The German Higher Regional Court of Düsseldorf holds that hardcore restrictions are not per se appreciable if the relevant market share is below 1% (Tschechisches Bier)
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