The parties to the following agreements, being the undertakings listed in Article 4, have infringed Article 85 (1) of the Treaty establishing the European Economic Community: (a) the agreement requiring the IMA importers listed in Article 4 to obtain supplies of plywood covered by the IMA Rules from other EEC States only via IMA agents, unless they have been given a dispensation (Rule 7 of the IMA Rules);
(b) the agreement requiring the IMA agents listed in Article 4 to offer or sell plywood covered by the IMA Rules from other EEC States only under approved exclusive agency contracts (Rule 9 of the IMA Rules);
(c) the agreement requiring the said IMA agents to offer or sell plywood covered by the IMA Rules from other EEC States only to IMA importers or IMA users (Rule 9 of the IMA Rules);
(d) the agreement requiring the said IMA importers and agents to abide by decisions of IMA bodies withholding approval for agency contracts with EEC manufacturers which replace an earlier agency contract between the manufacturer and another IMA agent (Rule 10 (C) of the IMA Rules);
(e) the agreement requiring the said IMA importers and agents to provide the Supervisory Bureau at regular intervals with detailed particulars of supply contracts entered into by them for deliveries from other EEC countries (Rule 16 of the IMA Rules);
(f) the agreement requiring the said IMA importers and agents to allow the Supervisory Bureau to make investigations at their business premises into their relations with customers and suppliers in other EEC countries (Rule 16 together with Rules 7 and 9 of the IMA Rules);
(g) the agreement requiring the said IMA importers and agents to abide by decisions of IMA bodies imposing penalties directly or indirectly relating to their business with customers and suppliers in other EEC countries (Rule 18 together with Rules 7 and 9 of the IMA Rules).
The application for exemption pursuant to Article 85 (3) of the Treaty is rejected.
1. Those to whom this Decision is addressed shall without delay terminate the infringements found in Article 1 in so far as they have not already been terminated on their own initiative and shall in future desist from entering into agreements or engaging in concerted practices to the like effect.
2. For each day of delay a periodic penalty payment shall be payable by each of the undertakings participating in each of the infringements found in Article 1 which is not terminated within two months after notification of this Decision. In the case of the undertakings referred to in Article 4 (a) this periodic penalty payment shall amount to three hundred (300) European units of account, that is to say 824 756 Dutch guilders, and in the case of the undertakings referred to in Article 4 (b) to one hundred (100) European units of account, that is to say 274 785 Dutch guilders.
This Decision is addressed to the following undertakings: (a) IMA importers
Bijl Bouwstoffen Import BV, Arnhem (Netherlands)
Bouwmaterialenhandel en Industrie Dripla BV, Zwijndrecht (Netherlands)
Sasco Houtprodukten BV, Zwolle, Zwolle (Netherlands)
Fijnplaat Fijnhout Plaatmaterialen Import BV, Amsterdam (Netherlands)
A. Hemsing's Handelsmaatschappij BV, Amsterdam (Netherlands)
BV Houthandel Holland Triplex Import (HTI), Rotterdam (Netherlands)
Verenigde Internatio Hautbedrijven BV Dordrecht (Netherlands)
Leeuwerik Plaat BV, Eindhoven (Netherlands)
Ret Jongeneel Utrecht (Netherlands)
Plaatmaterialen Rote Westzaan BV, Westzaan (Netherlands)
BV Hardhouthandel Trima Zaandam (Netherlands)
(b) IMA agents
M. Abas CV, Amsterdam-C (Netherlands)
Bakker & RΓΆpcke CV, Amsterdam-C (Netherlands)
Foham Houtagenturen, Utrecht (Netherlands)
BV Houtagenturen Scholten v/h Gustaf A. Faber, Amsterdam-C (Netherlands)
BV Houtprodukten UCM, Den Haag (Netherlands)
Interplaat Faber BV, Heemstede (Netherlands)
Leenaars Oosterhout BV, Oosterhout (N. Br.) (Netherlands)
Stahl & Zoon BV, Rotterdam (Netherlands)
Vereenigde Houtagenturen, Aerdenhout (Netherlands)
Done at Brussels, 18 September 1980.
For the Commission
Raymond VOUEL
Member of the Commission
>PIC FILE= "T0013437">
ANNEX 2 IMA importers
>PIC FILE= "T0013438">
ANNEX 3 IMA users
>PIC FILE= "T0013439">
ANNEX 4 IMA importers doing EEC business
>PIC FILE= "T0013440">
ANNEX 5 IMA agents doing EEC business
>PIC FILE= "T0013441">
ANNEX 6 Dutch imports of laminated wood products and plywood in 1976
>PIC FILE= "T0013442">
ANNEX 7 Dutch imports of laminated wood products and plywood in 1977
>PIC FILE= "T0013443">
ANNEX 8 Dutch imports of laminated wood products and plywood in 1978
>PIC FILE= "T0013444">
ANNEX 9 Average prices of imported laminated wood products and plywood 1976
>PIC FILE= "T0013445">
ANNEX 10 Average prices of imported laminated wood products and plywood 1977
>PIC FILE= "T0013446">
ANNEX 11 Average prices of imported laminated wood products and plywood 1978
>PIC FILE= "T0013447">
