56.However, there was no requirement whatsoever on suppliers, in order to benefit from the block exemption laid down under Regulation No 1475/95, to include such restrictions on competition within the meaning of Article 81(1) EC in their distribution agreements. Like Regulation No 1400/2002, that regulation, as a regulation implementing Article 81(3) EC, merely gives economic operators in the sector concerned a number of opportunities of avoiding the prohibition laid down under Article 81(1) EC, notwithstanding the presence of certain types of clauses restricting competition in their distribution and servicing agreements. Those regulations do not, however, require economic operators to make use of those opportunities by laying down binding obligations which directly affect the validity or content of contractual provisions or requiring the contracting parties to amend the content of their contract (see, to that effect, Case 10/86 VAG France [1986] ECR 4071, paragraphs 12 and 16, Case C-41/96 VAG [1997] ECR I-3123, paragraph 16, and Case C-230/96 Cabour [1998] ECR I-2055, paragraph 47).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.