Kruidvat BVBA v Commission of the European Communities (C-70/97 P)
law://eu/cjeu/1997/c-70-97/para_7@2026-11-15
Key facts
Court
Court of Justice · Full Court
Case
C-70/97 P · ECLI:EU:C:1998:545
Decided
17 Nov 1998
Procedure
Action for annulment
Applicant
Kruidvat BVBA
Defendant
Commission of the European Communities
Rapporteur
P. Jann(Presidents of Chambers)
Advocate General
N. Fennelly
Bench
10 judgesJ.-P. Puissochet, G. Hirsch, P. Jann(Presidents of Chambers), G. F. Mancini, C. Gulmann, J. L. Murray, D. A. O. Edward, H. Ragnemalm, L. Sevón, M. Wathelet
7In its consideration of whether Kruidvat was individually concerned by the Decision, the Court of First Instance stated first of all, at paragraph 63, that it was clear that there was no complaint to the Commission under Article 3 of Regulation No 17, no individual participation in the administrative procedure under Article 19(3) of that regulation and no application to Givenchy for admission to its selective distribution network by Kruidvat, by its parent companies Profimarkt BV and Kruidvat BV or by the Netherlands group Evora of which it is a subsidiary. That Court accordingly took the view that this case could be distinguished from Case 26/76Metro v Commission [1977] ECR 1875, Case 75/84Metro v Commission [1986] ECR 3021 (hereinafter ‘Metro II’) and Case 210/81Demo-Studio Schmidt v Commission [1983] ECR 3045, upon which Kruidvat relied.