77/129/EEC: Commission Decision of 21 December 1976 relating to a proceeding under Article 85 of the EEC Treaty (IV/28.812 Theal/Watts) (Only the English and Dutch texts are authentic)

• Articles: 6

Article 1

1. The oral exclusive distribution agreement made between Theal N.V. and Mr Cecil E. Watts, now between Tepea B.V. and Cecil E. Watts Ltd, including the grant of the exclusive right to use trade marks in the Netherlands, constitutes an infringement of Article 85 (1) of the Treaty establishing the European Economic Community.

2. The supplying of incorrect and misleading information in the notification dated 24 January 1963 made by Theal N.V., now Tepea B.V., infringed Article 15 (1) (a) of Regulation No 17 of 6 February 1962.

Article 2

The application for a declaration under Article 85 (3) that Article 85 (1) is inapplicable is refused in respect of the agreement referred to in Article 1 hereof.

Article 3

The undertakings to which this Decision is addressed shall bring the infringement referred to in Article 1 (1) to an end without delay. In particular these undertakings shall refrain from all further action of any kind calculated to prevent the importation into or resale in the Netherlands of any Watts products.

Article 4

1. The following fines are imposed for infringement of Article 85 (1):

(a) On Tepea B.V. a fine of 10000 units of account, that is 36200 Dutch guilders;

(b) On Cecil E. Watts Limited, a fine of 10000 units of account, that is 4166 pounds sterling.

2. In addition a fine of 5000 units of account, that is 18100 Dutch guilders, is imposed on Tepea B.V. for supplying incorrect and misleading information in a notification made under Article 5 of the aforesaid Regulation No 17.

Article 5

This Decision shall be enforceable in accordance with the provisions of Article 192 of the Treaty establishing the European Economic Community.

Article 6

This Decision is addressed to Tepea B.V. of Amsterdam Postbus 396, Netherlands, and Cecil E. Watts Limited of Darby House, Sunbury-on-Thames, Middlesex, England.

Done at Brussels, 21 December 1976.

For the Commission

R. Vouel

Member of the Commission

[1] OJ No 13, 21. 2. 1962, p. 204/62.

[2] OJ No 127, 20. 8. 1963, p. 2268/63.

[3] The undisclosed data are covered by trade secrecy.

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