92/154/EEC: Commission Decision of 4 December 1991 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/33.157 - Eco System/Peugeot) (Only the French text is authentic)

• Articles: 4

Article 1

The Commission considers that the sending of the circular of 9 May 1989 by Peugeot SA and Automobiles Peugeot SA to their dealers in France, Belgium and Luxembourg and its implementation by the latter, which had the effect of halting all supplies of Peugeot vehicles to Eco System, constitute an agreement or at least a concerted practice prohibited by Article 85 (1) of the EEC Treaty.

Article 2

Peugeot SA and Automobiles Peugeot SA must, within two month of the notification of this Decision, send the dealers referred to in Article 1 a new circular cancelling that of 9 May 1989 in order to put an end to the infringement; the dealers must in future refrain from any behaviour that would perpetuate the effects of the circular complained of.

Article 3

The benefit of the application of Commission Regulation (EEC) No 123/85 of 12 December 1984 shall be withdrawn from the standard contract for the exclusive and selective distribution of Peugeot vehicles in Belgium and Luxembourg with effect from the date on which the period referred to in Article 2 expires, unless the Parties concerned have complied in good time with the requirement set out in that Article.

Article 4

This Decision is addressed to:

Peugeot SA

75 avenue de la Grande Armée

F-75116 Paris

and:

Automobiles Peugeot SA

75 avenue de la Grande Armée

F-75116 Paris.

Done at Brussels, 4 December 1991.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ No 13, 21. 2. 1962, p. 204/62.(2) OJ No L 15, 18. 1. 1985, p. 16.(3) OJ No 127, 20. 8. 1963, p. 2268/63.(4) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets.(5) OJ No C 17, 18. 1. 1985, p. 4.(6) See judgment of the Court of Justice of 17 September 1985, Ford Werke AG and Ford of Europe Inc. v. European Commission; joint cases Nos 25 and 26/84, [1985] ECR 2725.(7) OJ No 35, 10. 5. 1962, p. 1118/62.(8) OJ No L 240, 7. 9. 1985, p. 1.(9) Commission Notice of 12 December 1984 concerning Regulation (EEC) No 123/85, point I.3.