Case Note – ECJ, Judgment of 23 November 2017 – Case C-547/16, ECLI:EU:C:2017:891, Gasorba

Lindenmaier-Möhring Kommentierte BGH Rechtsprechung (LMK) 2018, 402439

4 Pages Posted: 14 Mar 2018

See all articles by Christian Kersting

Christian Kersting

Heinrich Heine University Düsseldorf - Faculty of Law

Date Written: February 5, 2018

Abstract

In a dispute regarding the nullity of a gas station lease agreement concluded between Gasorba SL and Repsol, the Spanish Supreme Court referred two questions to the ECJ regarding the relationship between commitment decisions adopted by the Commission and the powers of the national courts to adjudicate on the compatibility of the behaviour in question with competition law. In particular, the Spanish court raised the questions if the Commission’s decision would preclude national courts from finding an infringement of competition law, and, if so, whether it would have to be considered as an exemption under Art. 101 (3) TFEU.

The article provides an overview of the ECJ’s decision and discusses its legal and practical ramifications. The author concludes that, while the referred questions are answered quite evidently in the negative, the decision provides valuable guidance regarding the question to what extent the national courts have to take into account a commitment decision adopted by the Commission.

This article is a revised translation of a German language article published in LMK 2018, 402439. The author thanks Jörn Kramer for his valuable contribution to the translation.

Keywords: European Commission, Competition Law, Commitments, Commitment Decision, Regulation No 1/2003

JEL Classification: K21, K29

Suggested Citation

Kersting, Christian, Case Note – ECJ, Judgment of 23 November 2017 – Case C-547/16, ECLI:EU:C:2017:891, Gasorba (February 5, 2018). Lindenmaier-Möhring Kommentierte BGH Rechtsprechung (LMK) 2018, 402439. Available at SSRN: https://ssrn.com/abstract=3118261

Christian Kersting (Contact Author)

Heinrich Heine University Düsseldorf - Faculty of Law ( email )

Universitätsstr. 1
Düsseldorf, D-40225
Germany
0211 8111660 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
39
Abstract Views
163
PlumX Metrics