JUDGMENT OF 11. 12. 1980 — CASE 31/80 L'ORÊAL v DE NIEUWE AMCK

In Case 31/80 REFERENCE to the Court under Article 177 of the EEC Treaty by the Rechtbank van Koophandel of the legal district of Antwerp for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of: J. Menens de Wilmars, President, P. Pescatore and T. Koopmans (Presidents of Chambers), Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written observations submitted to the Court

(a) First question

(b) Second question

(c) Third question

(d) Fourth question

First question

Second and third questions

First question

Second question

Third question

Fourth question

III — Oral procedure

Decision

The legal nature of the letter in question

The application of Article 85 to the distribution system in question

Reliance on an exemption under Article 85 (3) against third parties

The application of Article 86

Costs