C-168/86
ECLI:EU:C:1987:62
- Súd
- Súdny dvor Európskej únie
- IČS
- 61986CC0168
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF SIR GORDON SLYNN —CASE 168/86
OPINION OF ADVOCATE GENERAL SIR GORDON SLYNN delivered on 4 February 1987
My Lords, On appeal by the procureur général, the Court of Appeal of Rennes has referred the following question to the Court:
'Must Articles 3 (f) and 7 of the Treaty of 25 March 1957 be interpreted as prohibiting the establishment on the territory of a single Mrs Fourage (née Rousseau), the managing Member State, in respect of books published director of SA Paris Distribution Centre by the same publisher, of two separate sets Leclerc de la Bottière, Nantes, was pros of legal rules —maximum discount and ecuted for selling 1 144 books at a price less complete freedom of prices — whose deter than that resulting from the application of mination and application depend on Law No 81-766 of 10 August 1981 (as whether or not books sold in that State have amended by Law No 85-500 of 13 May been exported and then re-imported.' 1985) and Decree No 85-556 of 29 May 1985. As the Court is now well aware those laws prohibit, subject to certain exceptions, books published or imported into France The point at issue is the same as that raised within two years from being sold at less in Case 355/85 Driancourt v Cognet in than 95% of the price fixed by the publisher which, in its judgment of 23 October 1986, or importer except where they are imported the Court held: from another Community country, after publication in such a country or after publi cation in and export from France to such a country. 'Neither Article 7 of the EEC Treaty nor any other provision or principle laid down in that Treaty applies to a difference of treatment under legislation which provides that the retail selling price of books is to be fixed by the publisher or the importer of a book, which is binding on all retailers and according to which the price of books She was acquitted by the tribunal de police, published and printed in the Member State Nantes, on the grounds that the 'minimum concerned may be freely determined where price did not apply to books published in the books are re-imported after having first France and re-imported from another been exported to another Member State, Member State and that it was not possible whereas the price is fixed by the publisher to identify which of the books in question where the books have not crossed a border published in France had been re-imported within the Community in the course of from another Member State. being marketed.'
PROCUREUR GÉNÉRAL v ROUSSEAU
In my opinion, Article 3 (f) is not directly which have been, and those which have not applicable in a national court. No discrimi been, re-imported into France from another nation on the grounds of nationality Member State. Accordingly, the answer falls contrary to Article 7 of the Treaty has been to be given in the same terms as that given shown. Article 30 does not prohibit the price in the case of Cognet. differentials which may exist between books
It is to be noted that the Court's judgment in Cognet was supplied to the referring court which, however, maintained its request for a preliminary ruling. Since (as I said in my Opinion of 12 December 1985, in Joined Cases 271 to 274/84 and 6 and 7/85 Procureur de la République v Chiron) under Community law and procedure in such a situation it is open to the national court to withdraw a reference, it is to be hoped, in those Member States where it cannot apparently be done at present, that a way may be found for national law and procedure to make a withdrawal possible when no new issue arises, when no new arguments are advanced and where the Court's answer can only be the same.
The costs of Mrs Fourage (née Rousseau) fall to be dealt with by the national court; the Commission's costs are not recoverable.