CASE COMMENTS : RESTRICTIVE PRACTICES – RESALE AT A LOSS – DIRECTIVE 2005/291CE – NON COMPATIBILITY

Resale at a loss : The Court of Justice rules that the directive on unfair commercial practices precludes a national provision which provides a general prohibition on resale at a loss to consumer (Euronics Belgium/Kamera Express et Kamera Express Belgium)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU (ord.), 7 March 2013, Euronics Belgium CVBA v Kamera Express BV and Kamera Express Belgium BVBA, case C-343/12 The list of unfair commercial practices declared incompatible with the Directive of 11 May 2015 (2005/291EC) is extended, this time burying the general ban on resale below cost to consumers. The Court of Justice initially ruled on the legal regime of tied sales in two preliminary rulings of 23 April 2009 (ECJ 23 April 2009, cases C-261/07 and C-299/07, VTB-VAB NV v Total Belgium NV and Galatea BVBA v Sanoma Magazines Belgium NV). ; CCC 2009, comm. 183, note G. Raymond). In these first judgments, when questioned by Belgian courts, the Court

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Jean-Louis Fourgoux, Resale at a loss : The Court of Justice rules that the directive on unfair commercial practices precludes a national provision which provides a general prohibition on resale at a loss to consumer (Euronics Belgium/Kamera Express et Kamera Express Belgium), May 2013, Concurrences N° 2-2013, Art. N° 52119, pp. 95-96

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