ALERTS: RESTRICTIVE PRACTICES - RESALE BELOW COST - COMPLIANCE WITH THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE

Resale at a loss: The Court of Justice of the European Union ruled that the Unfair Commercial Practices Directive precludes a national provision which provides for a general prohibition of resale at a loss, a solution adopted in relation to the Belgian legislation, but which is fully transposable to Article L. 442-2 C. com. (Euronics / Kamera Express)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 7 March 2013, the Court of Justice of the European Union issued an order, which went somewhat unnoticed, and to which a reader who wishes to remain anonymous has usefully drawn my attention. This order, issued in Case C-343/12 (Euronics Belgium CVBA v Kamera Express BV, Kamera Express Belgium BVBA), stems from a reference for a preliminary ruling by the rechtbank van koophandel te Gent (Belgium). It concerns the compatibility of a provision of Belgian law - the first paragraph of Article 101(1) of the Law of 6 April 2010 on market practices and consumer protection - the wording of which, very similar to that of Article L. 442-2 of the French Commercial

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Resale at a loss: The Court of Justice of the European Union ruled that the Unfair Commercial Practices Directive precludes a national provision which provides for a general prohibition of resale at a loss, a solution adopted in relation to the Belgian legislation, but which is fully transposable to Article L. 442-2 C. com. (Euronics / Kamera Express), 7 March 2013, Concurrences N° 2-2013, Art. N° 97491, www.concurrences.com

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