The Spanish Provincial Court of Madrid refuses to qualify a contract as a resale agreement and holds that the qualification given by “administrative bodies” to similar agreements is not binding upon national courts (Melón / Repsol)

Ibáñez Colomo, Pablo

Previous article The Irish Competition Authority makes 47 recommendations to boost competition in the non-life insurance sector Next article The German Federal Court of Justice holds that a municipality that subsidises certain trips with taxis or rental cars with an allowance does not infringe the vertical price fixing prohibition when entering into a framework contract with the service provider according to which the provider agrees to transport guests at a certain rate (Jugendnachtfahrten)

7 Jul 2004

The Spanish Provincial Court of Madrid refuses to qualify a contract as a resale agreement and holds that the qualification given by “administrative bodies” to similar agreements is not binding upon national courts (Melón / Repsol)

KEYWORDS

Reference

Spanish Provincial Court of Madrid, Melón / Repsol, case n° 220/2003, 7 July 2004 (Spanish)

Repsol Comercial de productos petrolíferos S.A. (hereinafter, “Repsol”), supplied oil products to Melón S.A. (hereinafter, “Melón”), pursuant to an agency agreement signed between the parties. Considering that it was not a “genuine” agency agreement and that Commission Regulation (EC) n° 2790/1999, of 22 December 1999, on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ L 336, 29 December 1999, p. 21-25) should therefore apply, Melón filed a declaratory action before the Madrid “Juzgado de Primera Instancia n° 8”. After the dismissal in first

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

Pablo Ibáñez Colomo
London School of Economics

United Kingdom 57 contributions 300412 visits

Quotation

Pablo Ibáñez Colomo, The Spanish Provincial Court of Madrid refuses to qualify a contract as a resale agreement and holds that the qualification given by “administrative bodies” to similar agreements is not binding upon national courts (Melón / Repsol), 7 July 2004, e-Competitions State intervention, Art. N° 171

Visites 7201