CASE COMMENT : DISTRIBUTION - EXEMPTION - AUTOMOBILE DISTRIBUTION - TERMINATION GIVING ONE YEAR - JUSTIFICATION

Automobile distribution: The ECJ holds that the entry into force of regulation No 1400/2002 may justify the termination, with a reduced notice, of automobile distribution agreements (VW-Audi)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 7 September 2006, VW-Audi Forhandlerforeningen v/°Skandinavisk Motor Co. A/S, Case C-125/05 Facts A car manufacturer had terminated the distribution contract of one of its dealers, not with the normal two-year notice period, but with one year's notice. It justified this reduced notice period by the need (a precondition for such a reduction [1]) to reorganise its network in order to comply with Regulation No 1400-2000 of 31 July 2002 [2]. The following questions have been referred to the ECJ for a preliminary ruling: 1. "Is Article 5(3) of Regulation No [...]1475/95 [...]to be interpreted as meaning that the termination by a supplier, with one

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Dominique Ferré, Automobile distribution: The ECJ holds that the entry into force of regulation No 1400/2002 may justify the termination, with a reduced notice, of automobile distribution agreements (VW-Audi), 7 September 2006, Concurrences N° 4-2006, Art. N° 27395, www.concurrences.com

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