6.8.2005   

EN

Official Journal of the European Union

C 193/10

Reference for a preliminary ruling from the Tribunal Supremo by order of that court of 3 March 2005 in Confederación Española de Empresarios de Estaciones de Servicio v Compañía Españolas de Petróleos SA

(Case C-217/05)

(2005/C 193/18)

Language of the case: Spanish

Reference has been made to the Court of Justice of the European Communities by order of the Tribunal Supremo (Spain) of 3 March 2005, received at the Court Registry on 17 May 2005, for a preliminary ruling in the proceedings between Confederación Española de Empresarios de Estaciones de Servicio and Compañía Españolas de Petróleos SA on the following questions:

Must Articles 10 to 13 of Commission Regulation (EEC) No 1984/83 (1) of 22 June 1983 on the application of Article 85(3) of the Treaty [now Article 81 EC] to categories of exclusive purchasing agreements be construed as meaning that they include within their scope contracts for the exclusive distribution of motor-vehicle and other fuels which are nominally classified as commission or agency contracts and which contain the following clauses?

(A)

The service-station proprietor undertakes to sell the supplier's motor-vehicle and other fuels in accordance with the retail prices, conditions, and sales and business methods stipulated by the supplier.

(B)

The service-station proprietor assumes the risk associated with the products as soon as he receives them from the supplier in the storage tanks at the service station.

(C)

Once he has received the products, the proprietor assumes the obligation to keep the products in the conditions necessary to ensure that they undergo no loss or deterioration and is liable, where applicable, both to the supplier and to third parties for any loss, contamination or adulteration which may affect the products and for any damage arising as a result thereof.

(D)

The service-station proprietor is required to pay the supplier the cost of the motor-vehicle and other fuels nine (9) days after the date of their delivery to the service station.

(1)  OJ L 173 of 30.6.1983 ; EE 08/02, p. 114.