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Case C-117/12: Order of the Court (Eighth Chamber) of 7 February 2013 (request for a preliminary ruling from the Audiencia Provincial de Burgos — Spain) — La Retoucherie de Manuela S. L. v La Retoucherie de Burgos S. C. (Article 99 of the Rules of Procedure — Competition — Agreements between undertakings — Article 81 EC — Block exemption for vertical agreements — Regulation (EC) No 2790/1999 — Article 5(b) — Non-compete obligation imposed on the buyer upon expiry of a franchise agreement — Premises and land from which the buyer has operated during the contract period)
ECLI:EU:UNKNOWN:62012CB0117
62012CB0117
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Official Journal of the European Union
C 108/8
(Case C-117/12) (<span class="super">1</span>)
(Article 99 of the Rules of Procedure - Competition - Agreements between undertakings - Article 81 EC - Block exemption for vertical agreements - Regulation (EC) No 2790/1999 - Article 5(b) - Non-compete obligation imposed on the buyer upon expiry of a franchise agreement - Premises and land from which the buyer has operated during the contract period)
2013/C 108/16
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.
Re:
Request for a preliminary ruling — Audiencia Provincial de Burgos — Interpretation of Article 5(b) of 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) — Block exemption — Distortions of competition not exempt — Conditions imposed on the buyer upon expiry of the franchise agreement — Concept of ‘premises and land from which the buyer has operated during the contract period’
Operative part of the order
Article 5(b) of Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) [EC] to categories of vertical agreements and concerted practices, must be interpreted as meaning that the words ‘premises and land from which the buyer has operated during the contract period’ refers only to the place from which the contract goods or services are offered for sale and not to the whole of the territory in which those goods or services may be sold under a franchise agreement.
(<span class="super">1</span>) OJ C 151, 26.5.2012.