JUDGMENT OF 10. 7. 1980 — CASE 37/79 MARTY v LAUDER

In Case 37/79 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de Commerce [Commercial Court], Paris, Third Chamber, for a preliminary ruling in the action 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, G. Bosco, T. Koopmans and O. Due, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written observations submitted pursuant to Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations of Estéé Lauder S.A.

1. The Estéé Lauder sales organization

2. The applicability of Article 85 (3)

3. French rules on the refusal to sell

4. Letters sent to Estéé Lauder by the Commission

5. Scope and nature of the letters sent by the Commission

B — Observations of the French Republic

The first question

The second question

The third question

C — Observations of the Commission

The first question

(1) The legal nature of the letter

(a) Competence

(b) Essential procedural requirements

(c) Binding nature

(2) The objective of the letter

The second question

The third question

III — Oral procedure

IV — Reopening of the oral procedure

Decision

The first and second questions

The third question

Costs

1 Read 23 March 1977.

2 Read 23 March 1977.

3 The text of the order is reproduced in the judgment of the Court in Joined Cases 253/78 and 1 to 3/79.

4 The observations are summarized in the judgment of the Court in Joined Cases 253/78 and í to 3/79. The observations submitted by the defendant in the main action in the present case are identical to those put forward by the defendants in the main actions in the abovementioned joined cases.