83/400/EEC: Commission Decision of 11 July 1983 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.395 - Windsurfing International) (Only the German and English texts are authentic)
83/400/EEC: Commission Decision of 11 July 1983 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.395 - Windsurfing International) (Only the German and English texts are authentic)
Decision · 4 articles
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
1 . The following provisions in the patent licensing agreements which existed until 1981/82 between WSI and the licensees Ostermann , Shark , Akutec , S.A.N . , Klepper and Marker constituted an infringement of Article 85 ( 1 ) of the EEC Treaty :
1 . the obligation on the licensees to exploit the licensed patents only for the manufacture of sailboards using boards which had been given WSI's prior approval ;
2 . the obligation on the licensees not to supply rigs manufactured under German patent No 19 14 602.4-22 separately and without the boards approved by WSI ;
3 . the obligation on the licensees to pay royalties for rigs manufactured under German patent No 19 14 602.4-22 only on the basis of the net selling price of a complete sailboard ;
4 . the obligation on the licensees to affix to the boards in their range a notice stating that such boards are " licensed by Hoyle Schweitzer " or " licensed by WSI " ;
5 . the obligation on the licensees to acknowledge the word marks " Windsurfer " and " Windsurfing " as well as a design mark showing the abstract shape of a sail ( so-called " logo " ) as valid trade marks .
2 . The provision in the agreements between WSI and Akutec , S.A.N . , Klepper and Marker for termination of the licensing agreements should the licensees start production in a territory not covered by a patent also constituted an infringement of Article 85 ( 1 ) of the EEC Treaty .
3 . Furthermore , the obligation on the licensees , stipulated in the agreements with Ostermann and Shark , not to challenge the licensed patents constituted an infringement of Article 85 ( 1 ) of the EEC Treaty .
1 . The prohibition contained in the distribution agreements as listed below under ( a ) to ( d ) preventing each sole distributor from selling outside his allotted territory , or the latters' obligation to ask the manufacturer for approval of any such sales , constituted infringements of Article 85 ( 1 ) of the EEC Treaty :
( a ) agreements between Akutec on the one hand and the undertakings Horwa , Taselaar , Ertisport and RaFly on the other ;
( b ) agreements between Ostermann on the one hand and the undertakings Thijs and d'leteren on the other ;
( c ) agreements between Klepper on the one hand and the undertakings Telstar , Intersurf , Media Loisirs and Citabel Sports on the other ;
( d ) the agreement between Shark on the one hand and Renka Sport on the other .
2 . The prohibition on retailers according to the agreements as listed below under ( a ) to ( c ) to supply contract products to other dealers in other Member States also constituted an infringement of Article 85 ( 1 ) of the EEC Treaty :
( a ) the " dealer passes " distributed by Akutec to retailers ;
( b ) the " partnership agreements " concluded between Ostermann and retailers ;
( c ) the " partnership agreements " concluded between WSC and retailers .
The following fines are hereby imposed :
1 . on the undertaking WSI a total fine of 50 000 ( fifty thousand ) ECU or DM 113 793 in respect of the ban on the separate supply of rigs ( Article 1 ( 1 ) ( 2 ) ) , the obligation to pay royalties on the basis of the net selling price of a complete sailboard ( Article 1 ( 1 ) ( 3 ) ) , the obligation to affix the licence notice on the board ( Article 1 ( 1 ) ( 4 ) ) , the factual ban on production in territories not covered by a patent ( Article 1 ( 2 ) ) and the stipulation of a no-challenge clause ( Article 1 ( 3 ) ) ;
2 . in respect of the export bans imposed on sole distributors in other Member States and the bans imposed on dealers in Germany from supplying other dealers :
1 . a fine of 15 000 ( fifteen thousand ) ECU or DM 34 138 on the undertaking Ostermann ;
2 . a fine of 10 000 ( ten thousand ) ECU or DM 22 759 on the undertaking Akutec ;
3 . a fine of 10 000 ( ten thousand ) ECU or DM 22 759 on the undertaking Klepper ;
4 . a fine of 5 000 ( five thousand ) ECU or DM 11 379 on the undertaking Shark ;
5 . a fine of 5 000 ( five thousand ) ECU or DM 11 379 on the undertaking WSC .
The abovementioned amounts shall be paid within three months of notification of this Decision to account No 260/00/64910 of the Commission of the European Communities with Sal . Oppenheimer , Cologne .
This Decision is addressed to :
1 . Windsurfing International Inc .
( a ) 1955 West 190th Street , Torrance ,
California 90509 ,
USA ;
( b ) for the attention of
Herrn Patentanwalt Axel Hansmann
c / o Licht , Schmidt , Hansmann and Hermann ,
Albert-Rosshaupter-Str . 65 ,
D-8000 Muenchen 70
2 . Windglider Fred Ostermann GmbH ,
Comotorstr . 12 ,
D-6636 Ueberherrn-Altforweiler ;
3 . Shark Wassersportgeraete GmbH ,
Auf den Hoehen ,
D-2830 Bassum ;
4 . Akutec Angewandte Kunststofftechnik GmbH ,
Staeblistr . 6 ,
D-8000 Muenchen 71 ;
5 . S.A.N . Warenvertriebsgesellschaft mbH ,
Roetelstr . 30 ,
D-7107 Neckarsulm ;
6 . Klepper BeteiligungsGmbH and Co . Bootsbau KG ,
Klepperstr . 18 ,
D-8200 Rosenheim ;
7 . Marker Surf GmbH ,
Hauptstr . 51 - 53 ,
D-8100 Garmisch-Partenkirchen ;
8 . Windsurfing Central GmbH ,
Hainburgstr . 47 ,
D-6054 Rodgau .
This Decision is enforceable in accordance with Article 192 of the EEC Treaty .
Done at Brussels , 11 July 1983 .
For the Commission
Frans ANDRIESSEN
Member of the Commission
