CASE COMMENT : AUTOMOBILE DISTRIBUTION - FREEDOM IN THE CONSTITUTION OF ITS NETWORK - NEED TO APPLY SELECTED CRITERIA

Automobile distribution: The Dijon Court of Appeal considers that automobile manufacturer is free to chose its distributors, subject to apply strictly selected criterions (Garage Gremeau/Daimler Chrysler)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Dijon, 1 April 2004, Garage Gremeau v Daimler Chrysler France, No. 03/01547 Facts In all three cases, a car dealer, whose contract had been terminated under Regulation 1475/95, wanted to join the network set up by its former supplier under Regulation 1400/2002: First case: The manufacturer refused to approve its former dealer as a distributor of new vehicles as an authorised repairer. On the first application, it objected to the numerus clausus which it had fixed in the context of its exclusive dealership network. At the second request, he claimed that his former dealer had committed faults: he had sold vehicles outside the network in breach of the

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Dominique Ferré, Automobile distribution: The Dijon Court of Appeal considers that automobile manufacturer is free to chose its distributors, subject to apply strictly selected criterions (Garage Gremeau/Daimler Chrysler), 1 April 2004, Concurrences N° 1-2005, Art. N° 27696, www.concurrences.com

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