84/282/EEC: Commission Decision of 16 May 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.658 - Polistil/Arbois) (Only the French and Italian texts are authentic)

• Articles: 3

Article 1

Articles 1 (3) and 14 (1) of the contract signed by Polistil and Arbois on 18 January 1978 with effect from 1 January 1979, which were designed to protect the French market from parallel imports, together constitute an infringement of Article 85 of the Treaty establishing the European Economic Community.

Article 2

1. For committing the infringement referred to in Article 1, the following fines are hereby imposed on the undertakings concerned:

- Polistil: a fine of 30 000 (thirty thousand) ECU, or Lit 41 405 700,

- Arbois: a fine of 30 000 (thirty thousand) ECU, or FF 206 491,80.

2. These fines shall be paid:

- by Polistil, into account No 26952-018 of the Commission of the European Communities at the Cassa di Risparmio delle Provincie Lombarde - Servizio Estero, Milan,

- by Arbois, into account No 5.770.0065 of the Commission of the European Communities at the bank Société Générale - Agence Internationale, Paris,

within three months of the notification of this Decision.

Article 3

This Decision is addressed to:

- Arbois-Modelud,

14-22, rue Bon-Houdart,

BP 32,

F-93700 Drancy;

- Polistil SpA,

Corso Europa 1,

I-20020 Lainate.

This Decision shall be enforceable in the manner provided by Article 192 of the Treaty establishing the European Economic Community.

Done at Brussels, 16 May 1984.

For the Commission

Frans ANDRIESSEN

Member of the Commission

(1) OJ No 13, 21. 2. 1962, p. 204/62.

(2) OJ No 127, 20. 8. 1963, p. 2268/63.

(1) In the published version of this Decision, some data have hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets.

(2) Essentially a scheme whereby 80 % of the wages bill of a business recognized as in distress can be paid by the Government for up to 24 months.

(1) Letter to the Commission from Arbois's lawyers, dated 17 May 1982.

(2) The same argument as adduced in Annex 3 to the notification.

(3) Judgment of the Court of 13 July 1966 in Joined Cases 56 and 58/64, Consten/Grundig, (1966) ECR 418 at 473.

(4) Judgment of 2 February 1978 in Case 19/77 Miller International Schallplatten GmbH, (1978) ECR 131 et seq.

(5) Judgment of 25 October 1983 in Case 107/82 Allgemeine Elektricitaetsgesellschaft AEG-Telefunken AG (not yet reported).

(6) OJ No 57, 25. 3. 1967, p. 849/67.

(7) OJ No L 173, 30. 6. 1983, p. 1.

(1) As previously cited in point 50.