CASE COMMENTS : DISTRIBUTION – SELECTIVE DISTRIBUTION – MOTOR VEHICLE SECTOR – QUANTITATIVE SELECTIVE DISTRIBUTION SYSTEM

Selective distribution - Motor vehicle sector: The Court of Cassation asks the Court of Justice to clarify the meaning of “specified criteria” mentioned by regulation (EU) 1400-2002 (Land Rover/Auto 24)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Cass. com, March 29, 2011, Land Rover v. Auto 24, #10-12734 Fully enshrined in Regulation (EC) No. 1400/2002 (Article 1.1.g), the quantitative selection of motor vehicle distributors is regularly disputed by manufacturers when they refuse to grant approval (see also recently: Cass. com, 28 September 2010, BMW v. Sodac, appeals Nos. 09-16424 and 09-16753, ConcurrencesNo. 1-2011, pp. 120ff, obs. N. Eréséo). It is true that many questions still remain open, in particular on the conditions of implementation and the limits of this new form of selection, as the Regulation is not very explicit on this matter. The most that can be inferred from a

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Nicolas Éréséo, Selective distribution - Motor vehicle sector: The Court of Cassation asks the Court of Justice to clarify the meaning of “specified criteria” mentioned by regulation (EU) 1400-2002 (Land Rover/Auto 24), 29 March 2011, Concurrences N° 2-2011, Art. N° 35635, pp. 123-124

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