Judgment_paragraph 46 · Brasserie nationale SA (anc. Brasseries Funck-Bricher et Bofferding), Brasserie Jules Simon et Cie SCS and Brasserie Battin SNC v Commission of the European Communities (T-49/02, T-50/02, T-51/02)

46With regard to the remark of the director of the FBL referred to in recital 63 of the Decision (see paragraph 38 above), Brasserie Nationale disputes the authority of the director, in that the FBL has a limited mandate and that the profile of its director does not enable him to know the market. Moreover, his view on the validity of the Agreement is incorrect. In the opinion of Brasserie Nationale, since the Agreement was aimed only at ensuring compliance with exclusive agreements not involving the crossing of frontiers, it did not relate to imports or exports (Case 43/69 Bilger v Jehle [1970] ECR 127). Consequently, according to Brasserie Nationale, the Agreement was exempt from notification, pursuant to Article 4(2) of Regulation No 17, so that it remained valid until any finding of infringement was made. Wiltz and Battin also dispute the authority of the statement by the director of the FBL and submit that the Agreement did not relate to imports or exports.