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KG v Cartier Single dusseldorf dating. In these proceedings, the Court must in my view give a ruling on two questions, both concerning the application of Article 85 1 of the Treaty to selective distribution systems: - whether a selective distribution system is incompatible with Article 85 1 because the producer is unable to ensure its imperviousness, in other words he is unable to prevent the products covered by the contract from being sold on the same market not only by authorized licensees but also by dealers not forming part of the official distribution network; - whether, under a selective distribution system, a manufacturer is entitled to limit his guarantee solely to products sold through the official network, thereby excluding products lawfully marketed by dealers outside the network.

Let me point out first of all that the two questions concern a selective distribution system for luxury products, namely Cartier watches. It is possible, however, that the criteria laid down by the Court may assume - especially so far as concerns the scope of the producer' s guarantee - general significance, and apply also to other important categories of product, frequently marketed through selective distribution networks. Background 3.

The two aforesaid questions have arisen in a dispute between a company single dusseldorf dating the Metro group - a group which operates in various European countries a number of self-service wholesale stores on a cash and carry basis - and Cartier, a world leader for certain categories of luxury products. The facts of the case are fairly straightforward. Cartier markets its products, worldwide it contends, single dusseldorf dating a selective distribution network.

That system is based on a standard contract, concluded by the group' s national subsidiaries or, if none, by the wholesale importer with the various authorized licensees. While Metro is not part of the official sales network, it has managed to obtain Cartier products especially watches on a regular basis and to market them in its own stores.

In the national proceedings, it has not been established where Metro obtains its supplies. At the hearing, in reply to a question from me, Metro stated single dusseldorf dating it obtained Cartier watches in Switzerland, from independent dealers who in turn obtain their supplies from authorized Swiss licensees within the Cartier network, which is permitted by Swiss law.

In any event, it is common ground both in the national proceedings and in the proceedings before the Court that the purchase and marketing of Cartier products by Metro is lawful. Until Cartier honoured guarantees on watches sold by Metro.

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Subsequently, also as a result of an amendment to the agreements concluded with authorized dealers, Cartier refused to provide its guarantee free of charge in respect of watches purchased outside the official distribution network. In the case of such watches, Single dusseldorf dating carried out the necessary repairs, but at the customer' s expense. Cartier' s refusal to guarantee the watches sold by Metro gave rise to a lengthy and complex dispute before the national courts, which is summarized in the Report for the Hearing.

In particular, the Bundesgerichtshof - called upon to adjudicate for the second time on the appeal lodged against the decision of the lower court - emphasized that the refusal to honour the guarantee would cease to be lawful if it were part of a selective distribution system that was not impervious, in other words under a system in which dealers outside the network - such as Metro - can lawfully obtain supplies of the product covered by the contract.

The Bundesgerichtshof accordingly referred the case back to the lower court, the Oberlandesgericht Duesseldorf, in order to enable the latter to establish the facts.

In the light of those findings, the Oberlandesgericht Duesseldorf referred the following question to the Court for a preliminary ruling: "Is an EEC selective distribution single dusseldorf dating for prestige products watches in the upper-medium and luxury price ranges which precludes the application of Article single dusseldorf dating 1 and 2 of the EEC Treaty to be denied recognition on the ground that in countries outside the European Community a selective distribution system based on an appropriate contractual structure does not fully exist, so that goods which in the EEC are covered by that distribution system can be freely obtained there by persons outside the system and lawfully brought on to the common market?

There is some difficulty in defining the subject-matter of the proceedings. Strictly speaking, the Oberlandesgericht seeks a ruling from the Court solely on the relevance of the criterion of imperviousness for the purposes of the application of Article 85 1.

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It must be emphasized, however, that the Oberlandesgericht is asking that question in order to be able to adjudicate on the real question which forms the subject-matter of the dispute in the main proceedings, that is to say whether Cartier' s refusal to honour the guarantee in respect of products sold outside the network is lawful. The national court considers that if the Cartier system is unlawful, in that it is not impervious, then by the same token the refusal to honour the guarantee is also unlawful.

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It is quite clear, however, that the single dusseldorf dating of the guarantee can be considered on its own, and not only by reference to the legality of the distribution system of which it forms part. In other words, it is legitimate to ask whether the refusal to honour the guarantee can constitute of itself, irrespective of the legality of the Cartier system, a breach of Article 85 1.

Those two approaches are closely connected, as confirmed moreover, by the fact that with the sole exception of the Greek Government all the parties which have submitted observations have considered both aspects in depth.


Accordingly, to confine oneself solely to the question whether the system is impervious, without reference to dating online lille the refusal to honour the guarantee as such is compatible with Article 85 1would be tantamount to providing the national court with an admittedly swifter and more straightforward answer, though one that is far from complete and is of limited use for the purpose of resolving the dispute before it.

To do so, moreover, would be particularly unjustified in that the parties' arguments have focused, both in the written procedure and at the hearing, primarily on the question of the guarantee, thereby enabling the Court to glean single dusseldorf dating the information it needs to make an assessment in that regard. Accordingly, reasons of procedural economy also lend weight to the view that the Court should examine ex professo the question of the guarantee in the context of these proceedings.

I therefore consider that, in this case, in view of the subject-matter of the dispute in the main proceedings and in order to provide the national court with a ruling on the interpretation of Community law enabling it resolve the question of law before it, it is necessary to consider - as practically all the parties have done in the course of the proceedings - whether the restriction of the single dusseldorf dating can constitute of itself a breach of Article 85 1.

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In its pleadings, Metro maintains not only that Cartier' s distribution system is not impervious and that the refusal to honour the guarantee is unlawful, but it also raises a series of further objections to the selective distribution agreements concluded between Cartier and its licensees. In its view, the Cartier system is in breach of Article 85 1 on four grounds: - the official licensees cannot obtain supplies from other official licensees established outside the EEC prohibition on cross-deliveries from non-member countries ; - cross-deliveries within the EEC are in fact hindered; - the criteria for selecting licensees are not justified and are therefore excessively restrictive; - the system lacks objectivity and leads to selection on the basis of criteria which are not "purely qualitative".

Does the Single dusseldorf dating have to consider those criticisms in substance? In my view, that question is to be answered in the negative. The grounds outlined above are only indirectly concerned with the subject-matter of the dispute in the main proceedings, as described earlier.

Furthermore, it would seem that single dusseldorf dating grounds have never been assessed by the national courts at any stage of the proceedings. Finally, they have not really bbm dating toronto discussed by the parties in the procedure before the Court either: in the written procedure, only Metro put forward observations in that regard while, at the hearing, those grounds were essentially disregarded.

In my view, therefore, those grounds are unconnected with single dusseldorf dating proceedings.

Dating Frankfurt English -

Metro claims that the Cartier system is anything but impervious. A large volume of Cartier products is marketed by independent dealers, that is to say dealers not belonging to the official network. The result is a distortion of competition between official dealers and independent dealers: both the former and single dusseldorf dating latter sell the same products on the same markets, although the former are subject to burdens arising from the fact that their stock range and their dealings are centred on the products covered by the contract which are not single dusseldorf dating by the latter.

Cartier contends, single dusseldorf dating the other hand, that its distribution system is impervious both in theory and in practice. The marketing of the products is entrusted worldwide to a network of selected dealers who are contractually bound to resell the products themselves either to final consumers or to dealers forming part of the official network.

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In the latter case, moreover, sales are subject to a special system of registration. Accordingly, the system is organized in such a way as to ensure that the products are handled exclusively within the official network and not through independent dealers.

Opinion of the Advocate-General

According to Cartier, the only instance of independent sales on the European market is the case of Metro, which avails itself of the substantial resources at its disposal in order to obtain in non-member countries small quantities of Cartier products, which are on each occasion stocked in the Metro group' s various stores. It must be emphasized, however, that Cartier has waived the right to prove that its network is impervious worldwide. As pointed out earlier, moreover, Cartier, in the case which it is defending, has not contended that the acquisition and marketing of its products by Metro constitute unlawful acts and, in particular, unfair competition.