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Case C-117/12: Reference for a preliminary ruling from the Audiencia Provincial de Burgos (Spain) lodged on 5 March 2012 — La Retoucherie de Manuela, S.L. v La Retoucherie de Burgos, S.C.
ECLI:EU:UNKNOWN:62012CN0117
62012CN0117
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26.5.2012
Official Journal of the European Union
C 151/18
(Case C-117/12)
2012/C 151/32
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: La Retoucherie de Manuela, S.L.
Defendant: La Retoucherie de Burgos, S.C.
Questions referred
1.Should the words ‘premises and land from which the buyer has operated during the contract period’ used in Article 5(b) of [Commission] Regulation [(EC) No] 2790/1999 be understood as meaning that they are limited to the place or physical space from which goods were sold or services provided while the agreement was in effect or can they apply to the entire territory in which the purchaser operated during the contract period?
2.In the event that the Court rules in favour of the first interpretation, in the case of a franchise agreement which allocates a specific territory to the franchisee, can the words ‘premises and land’ refer to the territory in which the franchisee has operated during the contract period?
Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L 336, p. 21).