Judgment_paragraph 48 · Stergios Delimitis v Henninger Bräu AG (C-234/89)

48As the Court has consistently held, national courts may not, where the Commission has given no decision under Regulation No 17, declare automatically void under Article 85(2) agreements which were in existence prior to 13 March 1962, when that regulation came into force, and have been duly notified (judgment in Case 48/72 Brasserie De Haecht v Wilkin Jansen [1973] ECR 77; and judgment in Case 59/77 De Bloos v Bouyer [1977] ECR 2359). Those agreements in fact enjoy provisional validity until the Commission has given a decision (judgment in Case 99/79 Lancôme v Etos [1980] ECR 2511).

Stergios Delimitis v Henninger Bräu AG (C-234/89)

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