The Gazette 1993

GAZETTE

SEPTEMBER 1993

particular case if, after examination

it is found to be incompatible with

Article 85.3. The existence of this

"safety value" clause would imply

that until it is invoked a block

exemption affords the full protection

of an individual exemption.

• Above all, the whole purpose of the

block exemption system is to

ensure that agreements falling

within the system enjoy the same

legal status and advantages as if

they had been granted an individual

exemption.

Conclusions:

The lines of demarcation between the

jurisdiction of Community and national

competition law are generally well

established. One area that remains

uncertain, however, is the scope for

conflict between an exemption under

article 85.3 of the Treaty and stricter

national laws.

There is one school of thought which

would never exclude the scope for

some independent action by national

authorities. Another school, to which I

would be more drawn, would

emphasise how limited this scope is

and would suggest the following as a

practical guideline: If you are satisfied

that a commercial arrangement being

proposed or followed by a client:

•

• falls within the subject matter of an

EEC Block Exemption Regulation

(e.g. exclusive distribution) and

meets all the conditions of that

regulation

• falls within the geographic

jurisdiction of that regulation, - i.e.

affects trade between Member States

to the Competition Authority. A key

condition, of course, is that you have

correctly interpreted the regulation in

the first place.

*Denis Cagney is a solicitor practising

in the firm Matheson Ormsby Prentice •

References

1. See O.J. C. 85/6 1982: Commission answer

to Parliamentary Question 1508/81.

2. See Kapteyn and Van Themaat;

Introduction to the Law of the European

Communities (1989) P.198.

3. See, for example, preliminary ruling

Pronuptia

case, 1986 ECR 374.

4. See Ritter and others op cit (P.715).

5. SeeO.J. C39 of 13.2.1993.

6. See

Phillip Morris Holland BV v

Commission

(1980) ECR 2687.

7. See

Walt Wilhelm

Bundeskartellamt,

ECJ

February 13, 1969.

8. See 1984 OJ L 207/17.

Western Lawyers |

Golf Outing

The next outing of the Western

Lawyers Golf Society will take place

on Saturday 9 October, 1993, at j

Galway Bay Golf Club. All those

interested in participating should

contact:

Michael Keane,

Solicitor,

Claremorris, Co. Mayo.

Telephone:

(094)71601.

Fax:

(094)71977.

• I

TURKS AND CAICOS ISLANDS

AND

THE ISLE OF MAN

Samuel McCleery

• the arrangement applies uniformly

throughout the national territory

and does not lend itself to any

different treatment of its domestic

from its "intra-Community trade"

provisions without frustrating the

legal protection afforded to the

latter by virtue of complying with

the terms of the Block Exemption

Regulation

then the arrangement is effectively

protected from the Competition Act

and there is little case for notifying it

Attorney - at • Law and Solicitor at PO Box 127 In

Grand Turkjurks and Calooe Islands, British West

Indies and at P. O. Box 7, Castletown, Isle

Man

will be pleased to accept Instructions generally

from Irish Solicitors In the formation and adminis-

tration of Exempt Turks and Calcos Island

Companies and Non - Resident Isle of Man

Companies as well as Trust Administration

G.T Office:-

lei: 909 946 2818 Fax: 809 846 2819

LO.M.Offlce:-

1M: 0624 822210 Telex : 628285 Samdan Q

Fax: 0624 823798

For thcomi ng

A I J A Semi na rs

AIJA, the International Association of

Young Lawyers, is staging the

following seminars on topics which

will be of interest to Irish lawyers.

Transnational Insolvency

Procedures

- Montpellier, France 1/2 !

October, 1993

This seminar is of particular interest

to insolvency practitioners and will be

addressed by lawyers who have been

involved in a number of transnational

insolvencies, including the

BCCI

and

Robert Maxwell cases.

The registration fee is FF2,800 for

AIJA members and FF3,200 for non-

members.

Recognition and Enforcement of

foreign judgements

- A

practical

Guide to the Brussels and Lugano

Conventions

- Elsinore, Denmark

5 - 7 November, 1993.

All Irish practitioners will have

encountered the Brussels Convention,

1968 and be aware of its practical

importance for lawyers concerned

with civil and commercial litigation.

The single European area for

jurisdictional purposes created by the

Brussels Convention will soon be

enlarged through the Lugano

Convention to include the EFTA

countries, Austria, Sweden, Norway,

Iceland, Finland, and Switzerland.

This seminar is designed to suit the

needs and interests of lawyers who

need to become familiar with

the Brussels and Lugano

Conventions.

The registration fee is DKK3,400 for

AIJA members and DKK4,500 for

non-members.

For further details of both seminars,

contact

Petria McDonnell,

McCann

FitzGerald, 2 Harbourmaster Place,

Custom House Dock, Dublin 1,

Tel: (01) 8290000,

Fax: (01) 8920010.

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