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YOUR NOTES ON '61991CJ0002_SUM'
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CASE-LAW

61991CJ0002_EN

Keywords
Summary

Keywords

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1. Competition ° Community rules ° Obligations of the Member States ° Rules intended to reinforce existing agreements, decisions or concerted practices ° Definition

(EEC Treaty, Arts 5 and 85)

2. Competition ° Community rules ° Obligations of the Member States ° Rules preventing insurance intermediaries from transferring to their clients all or part of the commission paid to them by insurance companies ° Compatibility

(EEC Treaty, Art. 3(f), second para. of Art. 5 and Art. 85)

Summary

1. Although Article 85 of the Treaty, in itself, relates only to the conduct of undertakings and does not cover legislative measures or regulations adopted by Member States, the fact nevertheless remains that that article, read in conjunction with Article 5 of the Treaty, requires the Member States not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings. Such would be the case where a Member State required or favoured the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforced their effects or deprived its own legislation of its official character by delegating to private traders responsibility for taking economic decisions affecting the economic sphere.

2. Article 3(f), the second paragraph of Article 5 and Article 85 of the Treaty do not, in the absence of any conduct of the kind referred to in Article 85(1) of the Treaty on the part of undertakings, preclude State rules which prohibit insurance intermediaries from transferring to their clients all or part of the commission paid by insurance companies.

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