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.
I
• 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.
i
*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.
j
4. See Ritter and others op cit (P.715).
j
5. SeeO.J. C39 of 13.2.1993.
6. See
Phillip Morris Holland BV v
Commission
(1980) ECR 2687.
7. See
Walt Wilhelm
v
Bundeskartellamt,
ECJ
February 13, 1969.
I
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 jGalway Bay Golf Club. All those
|
interested in participating should
j
contact:
Michael Keane,
Solicitor,
j
Claremorris, Co. Mayo.
I
j
Telephone:
(094)71601.
j
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
ol
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.
276