The EU Court of Justice holds that Article 81 does not apply to an agreement between a parent and its subsidiary which, although having a separate legal personality, enjoys no economic independence (Centrafarm & De Peijper / Sterling Drug)

JUDGMENT OF THE COURT OF 31 OCTOBER 1974 [1] Centrafarm BV and Adriaan De Peijper v Sterling Drug Inc. (preliminary ruling requested by the Hoge Raad) 'Parallel patents' Case 15/74* 1. Whilst the Treaty does not affect the existence of rights recognized by the legislation of a Member State in matters of industrial and commercial property, yet the exercise of these where such derogations are justified for the purpose of safeguarding