I. Introduction This judgment of the Court of Appeal of Leeuwarden (“the Court”) is the latest in a series of judgments in a long running dispute relating to the termination in 2001 by Batavus B.V. (“Batavus”), a bicycle manufacturer, of its long term business relations with a retailer, Vriend's Tweewielercentrum Blokker (“Vriend”) and the subsequent refusal by Batavus to admit Vriend to the selective distribution system which it set up in 2004. Vriend sold bicycles in a specialized shop and via the internet. The sale of Batavus bicycles accounted for approximately half of Vriend's annual turnover. Under pressure from Euretco, a joint purchasing organization of bicycle retailers, Batavus gave Vriend notice of termination of its business relationship. Vriend challenged the termination in
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The Dutch Court of Appeal of Leeuwarden rules that the termination of distribution contracts by a supplier under pressure from competing distributors is a concerted practice (Batavus / Vriend)
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