The German federal Court of justice finds, after referring the case to the ECJ for preliminary ruling, that formerly block exempted motor vehicle distribution agreements contain hardcore restrictions under the new EC Reg. 1400/2002 (“Kfz-Vertragshändler II”)

I. Background The contractual relationship between the German car manufacturer BMW and its authorized car dealers is based on a formal dealer agreement. In respect of the termination of the contract, a 12 months' instead of a 24 months' notice applies if BMW sees the necessity to reorganise the whole or a substantial part of its distribution network. The 12 months' notice also applies when substantial parts of the regulatory framework on which the dealer agreement is based on are amended or modified. The defendant (BMW) terminated all its dealership contracts within its European distribution system in September 2002 by extraordinary notice effective 1 October 2003. The termination was based on the grounds that due to the entry into force of EC Regulation n° 1400/2002 (Commission

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Joerg Meinzenbach, The German federal Court of justice finds, after referring the case to the ECJ for preliminary ruling, that formerly block exempted motor vehicle distribution agreements contain hardcore restrictions under the new EC Reg. 1400/2002 (“Kfz-Vertragshändler II”), 26 July 2005, e-Competitions Bulletin Automobile, Art. N° 14762

Visites 3430

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues