Judgment of the Court (Fifth Chamber) of 8 February 1990.#Tipp-Ex GmbH & Co. KG v Commission of the European Communities.#Competition - Article 85 of the EEC Treaty - Exclusive distribution agreement - Prohibition of parallel imports.#Case C-279/87.

Parties

In Case C-279/87

Tipp-Ex GmbH & Co . KG, Liederbach, represented by Ulrich Doerr, Rechtsanwalt, Frankfurt am Main ( Federal Republic of Germany ), with an address for service in Luxembourg at the Chambers of Jean Wagener, avocat, 10 A boulevard de la Foire,

applicant,

v

Commission of the European Communities, represented by its Legal Adviser, Norbert Koch, assisted by Alexander Boehlke, Rechtsanwalt, Frankfurt am Main, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for a declaration that Commission Decision 87/406/EEC of 10 July 1987 relating to a proceeding under Article 85 of the EEC Treaty ( IV/31.192 - Tipp-Ex and IV/31.507 - Tipp-Ex ( standard form contract ) ) is void,

THE COURT ( Fifth Chamber )

composed of : Sir Gordon Slynn, President of Chamber, M . Zuleeg, R . Joliet, J . C . Moitinho de Almeida and G . C . Rodríguez Iglesias,

hereby :

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the applicant to pay the costs .