Case C- 221/15 Etablissements Fr. Colruyt (prohibiting price promotions) [Archived]
Case C- 221/15 Etablissements Fr. Colruyt (prohibiting price promotions) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case C- 221/15 Etablissements Fr. Colruyt (prohibiting price promotions) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 21 September 2016; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline National reference from the Belgian Hof van Beroep te Brussel to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify whether a national measure regulating the price of tobacco products on a domestic market (in particular, requiring retailers not to price below the certain prices) is compatible, amongst other things, with Article 101 TFEU (read in conjunction with Article 4(3) TEU) and 'free movement' principles (under Article 34 TFEU).

On 21 September 2016, the Court of Justice ruled that Article 34 TFEU and Article 101 TFEU (the latter read in conjunction with Article 4(3) TEU) do not preclude a national provision prohibiting price promotions on manufactured tobacco which requires retailers to respect minimum prices by prohibiting the application of a price for tobacco products which is lower than the price on the revenue stamp affixed by the manufacturer or importer.

The matter reviews the compatibility of national measures regulating the price of tobacco products on national market (Belgium in this case) with EU rules regarding the free movement of goods and