Switzerland: BMW must penalty for Import-prevention numbers

If the Swiss wanted to buy in the past, a BMW and abroad, the German car maker is placed in the view of a Swiss court to many stones in the way. The Federal court in Lausanne convicted the BMW Group and now finally to a penalty payment in the amount of 157 million Swiss francs and punishes a behavior that has prevented, according to the Swiss competition authorities on illegal imports.

Specifically, it is a since 2003, used by the export clause in the contracts of all the authorised dealer of BMW AG in the European economic area EEA. The disputed clause prohibits the dealers to Export new cars in countries outside of the EEA, which is why customers from Switzerland were not able to purchase your car for cheaper Rates in neighbouring countries. The Swiss competition Commission evaluates the behavior as a means of serious infringement.

The condemnation of the practice described was made in the year 2012, against the penalty in the amount of 157 million Swiss francs, BMW AG had set itself, however, legal defense. After the Federal administrative court had confirmed the punishment in 2015, the BMW AG is re-complaint. As the Federal court has found in Lausanne now, is the of the competition Commission penalty imposed, however, are legal and must be paid in full.

The disputed clause is cited in the justification of the verdict:

“The dealer is not allowed, directly or through a third party, new BMW vehicles and Original BMW parts to customers in countries outside of the EEA to vehicles for such purposes.”

The BMW AG represents according to the verdict, the view that the clause did not lead to a significant impediment of competition. Rather, there have been a large number of imports, in addition to classic cars, also many new vehicles for the day. These restrictions play from the point of view of the court, however, has no role, which is why the appeal of the BMW AG, was dismissed. In addition to the penalty payment, the Munich-based pay also the court costs in the amount of 100,000 Swiss francs.

[resources : bimmertoday.de]
by : klonr.com