Court of Justice of the European Communities (including Court of First Instance Decisions)
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L.C. Nungesser KG and Kurt Eisele v Commission of the European Communities. [1982] EUECJ C-258/78 (8 June 1982)
URL: http://www.bailii.org/eu/cases/EUECJ/1982/C25878.html Cite as:
[1983] 1 CMLR 278,
[1982] ECR 2015,
[1982] EUECJ C-258/78,
[1966] ECR 299,
[1981] ECR 45,
[1983] FSR 309,
[1965] EUECJ C-56/64,
[1966] CMLR 418,
[1983] Com LR 64
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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
1 . COMPETITION - AGREEMENTS - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - EXERCISE OF THOSE RIGHTS - CONDITIONS - GRANT OF EXCLUSIVE LICENCE - EXCLUSIVE DISTRIBUTION AGREEMENT - AGREEMENTS HAVING THE COMBINED EFFECT OF GRANTING ABSOLUTE TERRITORIAL PROTECTION - PROHIBITION ( EEC TREATY , ART . 85 ( 1 )) 2 . COMPETITION - COMMUNITY RULES - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - PLANT BREEDERS ' RIGHTS - SUBJECT TO THE SAME SYSTEM AS OTHER PROPERTY RIGHTS - SPECIFIC NATURE OF THE PRODUCTS COVERED BY PLANT BREEDERS ' RIGHTS - NEED TO TAKE INTO CONSIDERATION 3 . COMPETITION - AGREEMENTS - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - PLANT BREEDERS ' RIGHTS - OPEN EXCLUSIVE LICENCE - CONCEPT - LAWFULNESS - CONDITIONS ( EEC TREATY , ART . 85 ( 1 )) 4 . COMPETITION - AGREEMENTS - EXCLUSIVE LICENCE CONFERRING ABSOLUTE TERRITORIAL PROTECTION - CONCEPT - EFFECTS - ARTIFICIAL MAINTENANCE OF SEPARATE NATIONAL MARKETS - PROHIBITION ( EEC TREATY , ART . 85 ( 1 )) 5 . COMPETITION - AGREEMENTS - PROHIBITION - EXEMPTION - EXCLUSIVE LICENCE IN RESPECT OF PLANT BREEDERS ' RIGHTS CONFERRING ABSOLUTE TERRITORIAL PROTECTION - NOT INDISPENSABLE FOR THE IMPROVEMENT OF PRODUCTION - REFUSAL OF EXEMPTION JUSTIFIED ( EEC TREATY , ART . 85 ( 3 ))