85/79/EEC: Commission Decision of 14 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.809 - John Deere) (Only the English, Dutch and Danish texts are authentic)

• Articles: 5

Article 1

The contracts entered into by Deere and Company with its national dealers within the common market, the various contracts containing export bans entered into by Deere and Company, its subsidiaries and national dealers with their local dealers, together with the practices with which contracts have been applied since 1975 so as to prohibit, discourage or penalize trading by dealers outside the Member State in which they are established constitute an infringement of Article 85 (1) of the Treaty establishing the European Economic Community.

Article 2

Article 1 applies to Article 13 of the General Conditions of Sale of John Deere Vertrieb Deutschland, the subject of its application pursuant to Article 2 of Regulation No 17. Negative clearance for this Article 13 is not granted.

Article 3

The undertakings concerned must bring the infringement referred to in Article 1 to an end immediately and shall refrain from taking any measure having the same object or effect.

Article 4

1. The following fine is imposed on Deere and Company : 2 000 000 (two million) ECU, that is DM 4 465 720.

2. This sum shall be paid, within three months of the date of notification of this Decision, to the following account(s) in the name of the Commission of the European Communities: - account No 260/00/64910,

- Banking institution(s) Sal. Oppenheim & Cie, Untersachsenhausen 4,5000 Köln 1.

Article 5

This Decision is addressed to: - Deere and Company, John Deere Road, Moline, USA-Illinois 61265.

- NV Louis Nagel and Co., PO box 76, NL-6500 AB Nijmegen.

- Dansk Oversøisk Motor Industri A/S (DOMI), Sdr. Ringvej 35, DK-2600 Glostrup.

- NV Cofabel, Peperstraat 4A, B-3071 Erps-Kwerps.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

Done at Brussels, 14 December 1984.

For the Commission

Frans ANDRIESSEN

Member of the Commission