Article 1
The content and application of the following clauses of (a) the contract of 14 and 16 December 1960 by which INRA assigned to Mr Kurt Eisele the breeder's rights in Germany, (b) the exclusive propagation and sales contract for INRA maize seeds of 5 October 1965 between INRA and Mr Kurt Eisele and (c) the settlement reached on 14 November 1973 between Mr Kurt Eisele and Louis David KG to prevent unauthorized imports and sales of INRA seeds by Louis David KG in Germany, constitute infringements of Article 85 (1) of the EEC Treaty; (a) the contract of 14 and 16 December 1960, to the extent that it is used by Mr Eisele to invoke his own breeder's rights to prevent all imports into Germany or exports to other Member States of maize seed of INRA varieties that has been officially certified; (b) in the contract of 5 October 1965: Clause 1: the exclusive nature of the licence granted by INRA to propagate and sell maize seed of its own varieties that has been officially certified, to the extent that this exclusivity is interpreted and applied by the parties as entailing: - the obligation upon INRA or those deriving rights through INRA to refrain from producing or selling the relevant seeds in Germany through other licensees; - the obligation upon INRA or those deriving rights through INRA to refrain themselves from producing or selling the relevant seeds in Germany; - the obligation upon INRA or those deriving rights through INRA to prevent third parties from exporting the relevant seeds into Germany without the licensee's authorization, for use or sale there; - Mr Eisele's concurrent use of his exclusive contractual rights and his own breeder's rights to prevent all imports into Germany or exports to other Member States of the relevant seeds; Clause 1: the obligation upon the licensee during the years when the clause was applied, to refrain from producing or selling seeds from non-INRA varieties of maize; Clause 2: the obligation upon the licensee to sell the relevant seeds to certain dealers only; Clause 3: the obligation upon the licensee to produce no more than one third of the seed requirements for his territory, and to import the balance from France; Clause 5: the obligation upon INRA to ensure that all exports of its varieties to Germany are prevented, in so far as this obligation concerns seed that has been officially certified; (c) the settlement of 14 November 1973: Clause 1: the obligation upon Louis David KG to refrain in future from selling or marketing seeds of INRA varieties in Germany without permission from the German licensee.