The undertakings Wintergarten Feddersen and Soluver concluded in 1985 a franchising agreement for the distribution of verandas. In 1987 Wintergarten Feddersen, the franchisor, brought proceedings against Soluver, the franchisee, before the Tribunal de commerce (“Commercial Court”) of Luxembourg in a dispute that arose between both parties in respect of the payment of an invoice. Soluver introduced a counter-claim and asked for the annulment of the franchising agreement, several clauses of which were alleged to be contrary to the prohibition of anti-competitive agreements within the meaning of Article 85(1) (now 81(1)) EC Treaty. Amongst these provisions of the agreement were: a territorial exclusivity clause to the benefit of Soluver, the obligation for Soluver to sell exclusively
Share on
|
|
The Luxembourg Commercial Court found non-compete, price fixing and exclusivity clauses in a franchising agreement severable from the rest of the agreement (Wintergarten Feddersen / Soluver)
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.
