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Pronuptia de Paris Gesellschaft mit beschrankter Haftung v. Pronuptia de Paris

Court of Justice of the European Union

1986 ECR 353

Relevant factsFree

Franchisor Pronuptia de Paris (plaintiff) sued franchisee Schillgalis (defendant), who operated a wedding-dress store in Hamburg under the Pronuptia name, for unpaid royalties; Schillgalis argued the entire franchise agreement was void because it restricted competition in violation of Article 101(1) of the Treaty on the Functioning of the European Union, and the question reached the European Court of Justice through German court proceedings.

IssueFree

Whether franchise-agreement provisions controlling market share between a franchisee and other franchisees or the franchisor are restrictions on competition subject to Article 101(1) of the Treaty on the Functioning of the European Union.

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