Request for an Advisory Opinion from the EFTA Court by Gulating lagmannsrett by decision of that court of 27 September 2001 in the case of Hegelstad Eiendomsselskap A. B. Hegelstad and Others v Hydro Texaco AS

(Case E-7/01)

(2002/C 81/08)

A request has been made to the EFTA Court by decision of 27 September 2001 of Gulating lagmannsrett (Gulating Court of Appeal), Norway, which was received at the Court Registry on 3 October 2001, for an Advisory Opinion in the case of Hegelstad Eiendomsselskap A. B. Hegelstad and Others v Hydro Texaco AS, on the following questions:

1. Does a contract of cooperation between an independent petrol station operator who owns the station and a supplier of motor fuels and lubricants which contains clauses providing

- for an exclusive right for the supplier to deliver motor fuels and lubricants to the distributor for the duration of the contract,

- for a right for the supplier to assume ownership of the petrol station for a price of NOK 4 million, as registered in the "cadasre", or alternatively, a lease option at a set rental price corresponding to the contract period, in the event of debt settlement proceedings or bankruptcy on the part of the distributor,

- that, for the owner of the station/distributor the contract period is not capable of termination and the terms of the contract may not be changed for a period of 15 years, and that the supplier is able to terminate the contract three months prior to the initial period,

come within the block exemption in Article 53(3), see regulation of 4 December 1992, No 964, chapter II, section 10?

2. If the block exemption in Article 53(3) does not apply, is the cooperation agreement incompatible with Article 53(1)?

3. What are the legal effects of a possible conflict, and what limitation on time period must be applied, if any?