The Utrecht District Court holds that an exclusive purchasing agreement relating to the exploitation of a service station cannot benefit from the block exemptions (BP Nederland)

On 23 September 1994, BP and the defendant concluded an exploitation agreement according to which the defendant obtained the right to exploit BP's outlet for the sale of motor-vehicle fuels for a period of fifteen years. This agreement contained an exclusive purchasing clause under which the defendant committed to purchase its motor-vehicle fuels and related products from BP. The service station was placed on two lands. While the shop was situated on a land owned by the defendant, the petrol pumps were located on the land owned by BP, which was the object of this agreement. As from March 2004, the defendant purchased fuels from competing suppliers. Consequently, BP brought an action against the defendant in interlocutory

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, The Utrecht District Court holds that an exclusive purchasing agreement relating to the exploitation of a service station cannot benefit from the block exemptions (BP Nederland), 9 May 2007, e-Competitions May 2007, Art. N° 13774

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