Automotive sales: notice on German authorised dealer network by FCA Germany AG is effective

With the support of Noerr LLP, FCA Germany AG (FCA), the German importer of new Alfa Romeo, Fiat, Jeep and Lancia cars, will be able to restructure its current distribution system and continue pursuing its aim of newly positioning these brands. In its oral hearing taking place today, the senat for antitrust matters at the higher regional Court Frankfurt am Main found that the notice of termination on the network in which FCA ended all its Alfa Romeo and Fiat distribution contracts and the Alfa Romeo, Fiat and Jeep service partner contracts as of 29 February 2016 is effective.

FCA had given notice on the network in February 2014 in the light of Chrysler Group’s integration into the Fiat Group in order to restructure the distribution system. The Association of German FIAT Group Dealers and Service Companies had subsequently challenged the termination notices, claiming that they were in breach of antitrust regulations and an abuse of the law. In a legal action that one dealer had stated it was bringing as a test case, the regional court of Frankfurt am Main accepted the arguments brought by the dealer and dealers’ association. But the appeal court, the higher regional Court Frankfurt am Main, made clear today that it regards the notice terminating the network as effective. The written version of the decision is expected to be issued on 22 December 2015.

Advisors to FCA Germany AG: Noerr LLP
Dr. Albin Ströbl, Dr. Thomas Bergmann (both Frankfurt)
Inhouse: Frank Spröte, Nora Faßbender, Michaela Kuhn