In the national proceedings, it has not been established where Metro obtains its supplies. Lasati stresul la o parte si bucurati-va de eveniment, noi vom avea grija ca totul sa iasa asa cum v-ati dorit! Un mesaj de la managerul nostru. Puteți să glisați spre dreapta sau spre stânga în funcție de alegerea dvs.
The Bundesgerichtshof accordingly referred the case back to the lower court, the Oberlandesgericht Duesseldorf, in order to enable the latter to establish the facts.
In the light of those findings, the Oberlandesgericht Duesseldorf referred the following question to the Court for a preliminary ruling: "Is an EEC selective distribution system for prestige products watches in the upper-medium and luxury price ranges which precludes the application of Article 85 1 and 2 of the EEC Treaty to be denied recognition on the ground that in countries outside the European Community a selective distribution system based on an appropriate contractual structure does not fully exist, so that goods which in the EEC are covered by that distribution system can be freely obtained there by persons outside the system and lawfully brought single dusseldorf dating to the common market?
There is some difficulty in defining the subject-matter of the proceedings. Strictly speaking, the Oberlandesgericht seeks a ruling from the Court solely on the relevance of the criterion of imperviousness for the purposes of the application of Article 85 1.
It must be emphasized, however, that the Oberlandesgericht is asking that question in order to be able to adjudicate on the real question single dusseldorf dating forms the subject-matter of the dispute in the main proceedings, that is to say whether Cartier' s refusal to honour the guarantee in respect of products sold outside the network is lawful.
The national court considers that if the Cartier system is unlawful, in that it is not impervious, then by the same token the refusal to honour the guarantee is also unlawful. It is quite clear, however, that the question of the guarantee can be considered on its own, and not only by reference to the legality of the distribution system of which it forms part. In other words, it is legitimate to ask whether the refusal to honour the guarantee can constitute of itself, irrespective of the legality of the Cartier system, a breach of Article 85 1.
Those two approaches are closely connected, as confirmed moreover, by the fact that with the sole exception of the Greek Government all the parties which single dusseldorf dating submitted observations have considered both aspects in depth. Accordingly, to confine oneself solely to the question whether the system is impervious, without reference to whether the refusal to honour the guarantee as such is compatible with Article 85 1would be tantamount to providing the national court with an admittedly swifter and more straightforward answer, though one that is far from complete and is of limited use for the purpose of resolving the dispute before it.
To do so, moreover, would be particularly unjustified in that the parties' arguments have focused, both in the written procedure and at the hearing, primarily on the question of the guarantee, thereby enabling the Court to glean all the information it needs to make an assessment in that regard. Accordingly, reasons of procedural economy also lend weight to the view that the Court should examine ex professo the question of the guarantee in the context of these proceedings.
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I therefore consider that, in this case, in view of the subject-matter of the dispute in the main proceedings and in order to provide the national court with a ruling on the interpretation of Community law enabling it resolve the question of law before it, it is necessary to consider - as practically single dusseldorf dating the parties have done in the course of the proceedings - whether the restriction of the guarantee can constitute of itself a breach of Article 85 1.
In its pleadings, Metro maintains not only that Cartier' s distribution system is not impervious and that the refusal to honour the guarantee is unlawful, but it also raises a series of further objections to the selective distribution agreements concluded between Cartier and its licensees.
In its view, the Cartier system is in breach of Article 85 1 on four grounds: - the official licensees cannot obtain supplies from other official licensees established outside the EEC prohibition on cross-deliveries from non-member countries ; - cross-deliveries within the EEC are in fact hindered; - the criteria for selecting licensees are not justified and are therefore excessively restrictive; - the system lacks objectivity and leads to selection on the basis of criteria which are not "purely qualitative".
Does the Court have to consider those criticisms in substance?
Aceasta meserie, designer si planner de evenimente, nu am ales-o dintr-un motiv anume, ci ea m-a ales. Mi-am dat seama foarte repede ca este meseria pe care o fac cu cel mai mult drag, indiferent cat de obositoare si solicitanta poate fi uneori.
KG v Cartier SA. In these proceedings, the Court must in my view give a ruling on two questions, both concerning the application of Article 85 1 of the Treaty to selective distribution systems: - whether a selective distribution system is incompatible with Article 85 1 because the producer is unable to ensure its imperviousness, in other words he is unable to prevent the products covered by the contract from being sold on the same market not only by authorized licensees but also by dealers not forming part of the official distribution network; - whether, under a selective distribution system, a manufacturer is entitled to limit his guarantee solely to products sold through the official network, thereby excluding products lawfully marketed by dealers outside the network. Let me point out first of all that the two questions concern a selective distribution system for luxury products, namely Cartier watches.
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