Translation of "Clause générale des achats " (French → English) :

17. Emphasises the widespread proliferation of unfair contract terms in air transport contracts and an increase in national case law prohibiting certain terms regularly used by airlines; thus urges the Commission to address this issue by black-listing specific unfair terms in the air transport sector; stresses the need to adopt measures to protect passengers against other unfair contractual terms implemented by airlines, such as contractual issues related to mishandled/delayed/damaged luggage, the transferability of tickets, force majeure circumstances, the unilateral rescheduling of flights, and the prohibition to use the ongoing part ...[+++] of a return ticket unless based on very limited and objective ‘no show’ criteria; measures should also be adopted to protect the passengers against policies related to the different restrictions on hand luggage and air purchases, for which passengers should not be charged additionally; it must be ensured that passengers should benefit from uniform restrictions on the size and weight of hand luggage;

Deviation from the delivery schedule entails the application of a ‘take or pay’ clause, which compels the buyer to pay for energy which it does not need, or to pay an excess charge. In this respect, such contracts may be regarded as based on a minimum guaranteed off-take combined with the reservation of capacity (57).

28. Calls for more concerted action by the Commission with regard to public contracts and tenders. The Commission should: (a) publish a Commission communication interpreting Community law on the public procurement of goods and services and the possibility of including health and safety considerations in this area; (b) set a good example by including an effective health and safety clause in its own policy on the public procurement of goods and services and among the conditions for receiving EU funding;

28. Calls for more concerted action by the Commission with regard to public contracts and tenders. The Commission should: (a) publish a Commission Communication interpreting Community law on the public procurement of goods and services and the possibility of including health and safety considerations in this area; (b) set a good example by including an effective health and safety clause in its own policy on the public procurement of goods and services and among the conditions for receiving EU funding;

The exemption should therefore not cover vertical agreements containing any direct or indirect obligation or incentive which leads to the linking of sales and servicing activities or which makes the performance of one of these activities dependent on the performance of the other; this is in particular the case where the remuneration of distributors or authorised repairers relating to the purchase or sale of goods or services necessary for one activity is made dependent on the purchase or sale of goods or services relating to the other activity, or where all such goods or services are indistinctly aggregated into a single remuneration or ...[+++] discount system.

It may be combined with other non-hardcore vertical restraints such as non-compete or quantity forcing in respect of the tying product, or exclusive purchasing.