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The Higher Regional Court of Frankfurt has banned the sale of luxury perfumes to Coty via the Amazon market. The court thus follows a decision of the ECJ that flat-rate platform bans are not legal and require exceptions to a verifiable justification.
Prohibition of General Prohibitions
The court canceled once and for all the general prohibitions imposed by various manufacturers that previously prohibited resellers from selling their products via platforms or marketplaces. line. At the same time, the highest court in Europe has recognized the possibility of selective distribution models in some cases.
The Frankfurt Higher Regional Court considered an exceptional case and banned luxury goods from Coty Germany on the marketplaces. According to the OLG, the company would not have to accept that its articles be marketed by "unauthorized third-party companies" such as online marketplaces (Ref 11 U 96/14) [19659006] Thus, the Regional Court of Frankfurt annuls the judgment of first instance. Coty Germany GmbH. It is "to ensure the luxury image of goods whose quality is based not only on their material properties, but also on their prestige," said the Higher Regional Court.
At first instance, the district court dismissed the complaint. The Higher Regional Court found that, in the appeal proceedings, Coty's contractual distribution restrictions were a potential violation of EU competition law and therefore submitted the case. at the ECJ in Luxembourg. This did not share the apprehensions.
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