BPB Industries Plc and British Gypsum Ltd v Commission of the European Communities (T-65/89)

Judgment of 1 Apr 1993

law://eu/cjeu/1989/t-65-89/para_48@2026-11-13

48The applicants, relying on the judgment of the Court of Justice in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, also submit that the promotional agreements with merchants fulfil the requirements for an exemption under Article 85(3) of the EEC Treaty. The lack of notification does not constitute an obstacle to exemption provided that, as held in the judgment of the Court of Justice in Case 43/69 Bilger [1970] ECR 127, a contract between a producer and a retailer by which the latter undertakes to obtain his supplies solely from the said producer, who is established in the same Member State, is exempt from notification. According to the applicants, the Commission prejudged the issue by declaring that there is no scope for any derogation.

BPB Industries Plc and British Gypsum Ltd v Commission of the European Communities (T-65/89)

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