The Luxembourg Courts take the rare opportunity to consider a case concerning the car distribution sector under Article 81 of the EC treaty (I.C.S. Renting / Etoile Garage)

Even if courts had already the power to apply article 81, paragraph 1, EC Treaty before the 1st May 2004, article 81 EC Treaty has been rarely applied by Luxembourg courts and there exists not really a developed Luxembourg case law concerning the application of articles 81 and 82 EC Treaty. According to our knowledge, there do not exist any decisions from courts applying articles 81 EC Treaty since the entry into force of Council Regulation (EC) n° 1/2003 of 16 December 2002, on the implementation of the rules on competition law laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 January 2003, p. 1-25), regulation which empowered national courts to fully apply the provisions of article 81 EC Treaty. In a quite recent decision of a Court of appeal (Commercial Cour of Appeal (Cour