JUDGMENT OF 25. 10. 1979 — CASE 22/79 GREENWICH FILM PRODUCTION v SACEM

In Case 22/79 REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour de Cassation of France for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: H. Kutscher, President, A. O'Keeffe and A. Touffait (Presidents of Chambers), J. Mertens de Wilmars, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Summary of the written observations submitted to the Court

III — Oral procedure

Decision

Costs

1 Article 59a reads as follows:Article 59a. Subject to the provisions of cle 59b, the following are prohibited: all concerte Measures, express or unwritten agreements or combinations in any form or for any purpose whatever which have as their object or which may have as their effect the restriction of the full scope of competition by hindering reductions in cost prices or selling prices or by promoting an artificial rise in prices. Any undertaking or agreement relating to a practice hereby prohibited shall be automatically void. Such nullity may be relied upon by the parties and by third parties but it may not be relied upon by the parlies against third parties; a ruling that an agreement is void may be made by the ordinary courts which shall be notified of any opinion which may by formed by the commission.

2 This point of view was upheld In the Court in its judgment in the above-mentioned Case127/73