Metro v Commission and SABA (1977)

Metro was goods wholesaler in Germany.
Applied to SABA to be allowed to stock electrical
equipment SABA produced.
SABA refused, claiming Metro did not meet its retailer
requirements.
Metro
complained to Commission this in breach of Article 85 (now 81).
Commission
found in favour of SABA after it amended its terms of trade in certain
respects.
Selective
distribution systems such as these are within Article 85 (now 81) provided:
a.  Resellers
are chosen on basis of objective criteria of a qualitative nature relating to
technical qualifications of reseller and his staff and suitability of his
trading premises,
b.  and that
such conditions are laid down uniformly for all potential resellers and are not
applied in discriminatory fashion.