C-299/83

LECLERC v SYNDICAT DES LIBRAIRES DE LOIRE-OCEAN

JUDGMENT OF THE COURT (Third Chamber) 11 July 1985 *

In Case 299/83

REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de Grande Instance [Regional Court], Nantes, for a preliminary ruling in the case pending before that court between

SA Saint Herblain distribution, Centre distributeur Leclerc, Saint Herblain, and SA Paris distribution, Centre distributeur Leclerc, Nantes, and

Association des Centres distributeurs Edouard Leclerc, Paris,

Registrar: J. A. Pompe, Deputy Registrar,

after considering the observations submitted on behalf of

Saint Herblain distribution SA and Paris distribution SA, by Yves Menard, of the Nantes Bar,

Association des Centres distributeurs Édouard Leclerc, by Philippe Jousset, of the Laval Bar,

* Language of the Case: French.

JUDGMENT OF 11. 7. 1985 — CASE 299/83

Decision

1 By a judgment of 22 November 1983, which was received at the Court on 29 December 1983, the Tribunal de Grande Instance, Nantes, referred a question to the Court under Article 177 of the EEC Treaty for a preliminary ruling on the interpretation of various rules of Community law, in particular the provisions relating to free competition in the Common Market and Articles 3 (f) and 5 of the EEC Treaty, so as to enable it to assess the compatibility with Community law of national legislation requiring all retailers to abide by the selling prices for books fixed by the publisher or importer.

2 The question was raised in proceedings between, on the one hand, Syndicat des Libraires de Loire-Océan and, on the other hand, the companies Saint Herblain Distribution SA and Paris Distribution SA, which run shops under the name 'Centre Distributeur Leclerc', and Association des Centres Distributeurs Edouard Leclerc, which has shops under the same name with a reputation for pursuing a policy of low prices. The dispute concerns the failure by the Centres Distributeurs

LECLERC v SYNDICAT DES LIBRAIRES DE LOIRE-OCEAN

Leclerc to observe the retail prices fixed pursuant to Law No. 81-766 of 10 August 1981 (Journal Officiel de la République Franßaise of 11 August 1981).

3 Under the Law of 10 August 1981 all publishers or importers of books are required to fix retail prices for the books which they publish or import. Retailers must charge an effective price for sales to the public of between 95 % and 100°/o of that price. The Law exempts certain private and public entities, such as libraries and educational establishments, from having to pay that price and it authorizes clearance sales, subject to certain conditions. If the provisions of the Law are contravened competitors and various types of association may seek an injunction or claim damages; criminal proceedings may also be brought.

JUDGMENT OF 11. 7. 1985 — CASE 299/83

6 It should be noted that a question for a preliminary ruling in identical terms was submitted by the Cour d'Appel, Poitiers, in similar proceedings and was the subject of the judgment of the Court of 10 January 1985 (Case 229/83, Association des Centres distributeurs Leclerc v Au Blé Vert Sàrl and Others [1985] ECR 17).

7 When it was informed of that judgment the Tribunal de Grande Instance, Nantes, notified the Court that it did not wish to withdraw the request for a preliminary ruling.

8 Consideration of the present case has revealed nothing that was not already known to the Court in Case 229/83. In those circumstances it is sufficient to refer to the grounds of the judgment of 10 January 1985, a copy of which shall be annexed to the present judgment.

9 The questions submitted by the Tribunal de Grande Instance, Nantes, must be answered in the same terms as in the judgment of 10 January 1985:

As Community law stands, the second paragraph of Article 5 of the EEC Treaty, in conjunction with Articles 3 (f) and 85, does not prohibit Member States from enacting legislation whereby the retail price of books must be fixed by the publisher or by the importer and is binding on all retailers, provided that such legislation is consonant with the other specific provisions of the Treaty, in particular those relating to the free movement of goods.

10 The costs incurred by the French Government and the Commission of the European Communities, which have submitted observations to the Court, are not recoverable. As these proceedings are, in so far as the parties to the main proceedings are concerned, in the nature of a step in the action pending before the national court, the decision on costs is a matter for that court.

On those grounds,

THE COURT (Third Chamber),

in answer to the question referred to it by the Tribunal de Grande Instance, Nantes, by judgment of 22 November 1983, hereby rules:

(1) As Community law stands, the second paragraph of Article 5 of the EEC Treaty, in conjunction with Articles 3 (f) and 85, does not prohibit Member States from enacting legislation whereby the retail price of books must be fixed by the publisher or by the importer and is binding on all retailers, provided that such legislation is consonant with the other specific provisions of the Treaty, in particular those relating to the free movement of goods.

(2) In the context of such national legislation, the following constitute measures equivalent in effect to quantitative restrictions on imports, contrary to Article 30 of the EEC Treaty: