Opinion of Mr Advocate General Darmon delivered on 3 October 1985

1 Translated from the French.

2 Journal Officiel de li République Française of 11 August 1981, p. 2198.

3 Article 1 (1) and (4).

4 Article 2 of lhe Law of 10 August 1981.

5 Ibid., Article 3.

6 Ibid., Article 1, first and last paragraphs.

7 Ibid., Articles 4 and 5.

8 Article 4 of Decree No 81-1068 of 3 December 1981, Journal Officiel de la République Française of 4 December 1981, p. 3305.

9 Casc 120/78, REWE-Zciilral AG v Bundeimonopoher-Wallung fir Branntwein, [1979] ECR 649.

10 The term semipublic is used to denote a price maintenance system in which the prices are not fixed directly by law.

11 Judgment of 17 January 1984 in Joined Cases 43 and 63/82, [1984] ECR 19, paragraph 6 in particular.

12 Case 13/77, [1977] ECR 2115, paragraphs 5 to 12.

13 Case 82/77, [1978] ECR 25, paragraphs 3 to 9.

14 Judgment of 5 April 1984 in Joined Cases 177 and 178/82, [1984] ECR 1797, paragraph 16.

15 Commission Decision No 82/123/EEC, Official Journal 1982, L 54, p. 36.

16 Joined Cases 43 and 63/82, loc. cit., paragraphs 31, 44 and 58.

17 Whereby publishers are able to use the profits gained from the sale of successful books to compensate for the problems posed by books that are difficult to sell.

18 Joined Cases 43 and 63/82, loc. cit., paragraph 59.

19 Decision 82/123/EEC, loc. cit., last subparagraph of paragraph 60.

20 Joined Cases 177 and 178/82, loc. cit., paragraph 45.

21 Case 13/77, loc. cit.

22 See the reference made thereto by Mr Advocate General Capotorti in Case 82/77 (Openbaar Mintitene v van Tiggele, [1978] ECR 25, at pp. 45-66).

23 Note, however, that in the judgment in Case 78/70 (Deutsche Grammophon Gesellschaß w Metro-SB-Großmärkte, [1971] ECR 487) the Court adopted an identical approach in examining the scope under Community law of an exclusive right conferred by national law (paragraphs 7 and 8 and opinion of K. Roemer, p. 507).

24 Case 13/77, loc. cit., paragraphs 28 to 33.

25 Ibid., paragraphs 35 and 52 to 54 of the decision and paragraph 3 of the operative part of the judgment.

26 Ibid., paragraph 34 of the decision and paragraph 1 of the operative part of the judgment.

27 Case 13/77, ioc. cit., paragraph 2 of the operative part of the judgment.

28 Case 82/77, loc. cit., paragraphs 3 to 9.

29 Case 82/77, loc. cit., paragraph 14.

30 Cf. Imto v ATAB, paragraph 52.

31 Casc 82/77, loc. cit., paragraph 18 of the decision and paragraph 1 of the operative part of the judgment.

32 Ibid., opinion of F. Capotorti, pp. 47 and 48.

33 Joined Cases 177 and 178/82, loc cit.

34 Article 30 of the 1964 Law.

35 Joined Cases 177 and 178/82, loc. cit., paragraph 1 of the operative part of the judgment and paragraphs 11 and 12 of the decision.

36 Ibid., paragraph 24.

37 Case 14/68, [1969] ECR 1, paragraph 6.

38 Case 26/76, Metro SB-Großmärkte GmbH v Commission, [1977] ECR 1875, paragraph 20.

39 Case 13/77, loc. cit., paragraph 31.

40 First paragraph of Article 1 of the Law of 10 August 1981.

41 Article 8 of Law No 341 of 21 June 1943, to which Article 4 of the abovementioned Decree No 81-1068 refers.

42 Case 13/77, loc. cit., paragraphs 33, 34, 37 and 38 of the decision and paragraph 2 of the operative part of the judgment.

43 Last paragraph of Article I.

44 Case 2/73, Geddo v Ente Nazionale Risi, [1973] ECR 865, Opinion p. 885.

45 Emphasis added.

46 Case 2/73, loc. cit., Opinion, p. 885.

47 It is noted in passing that such an approach corresponds, in the sphere of competition to which our appraisal of the 1981 Law has led us, to the stance which the Court has adopted with regard to barriers to the free movement of goods ever since its judgment in the Cassis de Dijon case (Case 120/78, loc. cit.).

48 Official Journal 1981 C 50, p. 103.