Judgment_paragraph 62 · Automec Srl v Commission of the European Communities (T-24/90)

62The Commission goes on to point out that the applicant likewise does not dispute that the Italian courts are in a better position to settle any dispute as to an alleged infringement of Article 85(1) of the Treaty by BMW Italia in so far as the courts of Milan or Vicenza are better placed than the Commission to examine Automec's claims and to apply Article 85(1) and, if appropriate, Regulation No 123/85 to BMW Italia's distribution system. The national courts were held to have jurisdiction to decide whether or not a given agreement benefits from block exemption by the Court of Justice in Case 63/75 SA Fondenes Roubaix — Wattrelos v Société Nouvelle des Fonderies A. Roux and Another [1976] ECR 111.

Automec Srl v Commission of the European Communities (T-24/90)

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