Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61985J0089
Název:
Title: 		JUDGMENT OF THE COURT OF 27 SEPTEMBER 1988. WOOD PULP PRODUCERS V COMMISSION OF THE EUROPEAN COMMUNITIES. CONCERTED PRACTICES BETWEEN UNDERTAKINGS ESTABLISHED IN NON-MEMBER COUNTRIES AFFECTING SELLING PRICES TO PURCHASERS ESTABLISHED IN THE COMMUNITY. JOINED CASES 89/85, 104/85, 114/85, 116/85, 117/85, 125 - 129/85.
Publikace:
Publication:		REPORTS OF CASES 1988 PAGES 5193
Předmět (klíčová slova):
Keywords		COMPETITION;RULES APPLYING TO UNDERTAKINGS;CONCERTED PRACTICES;
Související předpisy:
Corresponding acts:		385D0202
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. WHERE PRODUCERS ESTABLISHED OUTSIDE THE COMMUNITY SELL DIRECTLY TO PURCHASERS ESTABLISHED IN THE COMMUNITY AND ENGAGE IN PRICE COMPETITION IN ORDER TO WIN ORDERS FROM THOSE CUSTOMERS, THAT CONSTITUTES COMPETITION WITHIN THE COMMON MARKET. IT FOLLOWS THAT WHERE THOSE PRODUCERS CONCERT ON THE PRICES TO BE CHARGED TO THEIR CUSTOMERS IN THE COMMUNITY AND PUT THAT CONCERTATION INTO EFFECT BY SELLING AT PRICES WHICH ARE ACTUALLY COORDINATED, THEY ARE TAKING PART IN CONCERTATION WHICH HAS THE OBJECT AND EFFECT OF RESTRICTING COMPETITION WITHIN THE COMMON MARKET WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY. THE COMMUNITY' S JURISDICTION TO APPLY ITS COMPETITION RULES TO SUCH CONDUCT IS COVERED BY THE TERRITORIALITY PRINCIPLE AS UNIVERSALLY RECOGNIZED IN PUBLIC INTERNATIONAL LAW. UNDER THE RULES AGAINST AGREEMENTS, DECISIONS OR CONCERTED PRACTICES, THE DECISIVE FACTOR IS WHERE THE AGREEMENT, DECISION OR CONCERTED PRACTICE IS IMPLEMENTED RATHER THAN WHERE IT IS FORMED. IT IS IMMATERIAL WHETHER OR NOT THE PRODUCERS
HAD RECOURSE TO SUBSIDIARIES, AGENTS, SUB-AGENTS, OR BRANCHES WITHIN THE COMMUNITY IN ORDER TO MAKE THEIR CONTACTS WITH PURCHASERS WITHIN THE COMMUNITY.

2. WHERE THERE IS NO CONTRADICTION BETWEEN THE CONDUCT REQUIRED OF AN UNDERTAKING FROM A NON-MEMBER COUNTRY OPERATING IN THE COMMON MARKET BY THE COMMUNITY COMPETITION RULES AND THAT REQUIRED BY THE LEGISLATION OF THAT NON-MEMBER COUNTRY, WHICH AUTHORIZES EXPORT CARTELS BUT DOES NOT REQUIRE THEM TO BE CONCLUDED, THERE IS, IN PUBLIC INTERNATIONAL LAW, NO CONFLICT REGARDING THE EXERCISE OF COMPETING NATIONAL JURISDICTIONS WHICH HAS TO BE RESOLVED BY APPLYING A PRINCIPLE OF NON-INTERVENTION.

3. ARTICLES 23 AND 27 OF THE FREE TRADE AGREEMENT BETWEEN THE COMMUNITY AND FINLAND DO NOT PRECLUDE THE APPLICATION OF ARTICLES 85 AND 86 OF THE EEC TREATY.

Plný text judikátu (Entire text of the Judgment):