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85/410/EEC: Commission Decision of 12 July 1985 relating to a proceeding under Article 85 of the EEC Treaty (IV/4.204 Velcro/Aplix) (Only the French text is authentic)

85/410/EEC: Commission Decision of 12 July 1985 relating to a proceeding under Article 85 of the EEC Treaty (IV/4.204 Velcro/Aplix) (Only the French text is 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 ↗

Article 1

As regards the territory of the common market and, in particular, of France, the clauses listed below of the licensing agreement signed by the undertakings referred to in Article 4 on 14 October 1958, and supplemented by supplementary agreements signed on 17 November 1958, 29 May 1972 and 10 December 1973, constitute infringements of Article 85 (1) of the EEC Treaty since 15 December 1977:1clause 1 (exclusivity);2clauses 2 and 8 (export bans); 3clause 19 (extension of the term of the restrictive clauses of the agreement beyond the life of the so-called basic patents, namely patents Nos 1.064.360, 1.182.436 and 1.188.714);4third sentence of clause 6 (exclusive purchasing obligation);5fourth sentence of clause 6 (prohibition on manufacturing outside the licensed territory);6clause 12 (non-competition clause); and7clause 9 (compulsory assignment of improvement patents in the Federal Republic of Germany, the United Kingdom and The Netherlands).

Article 2

Application of Article 85 (3) of the EEC Treaty is hereby refused.

Article 4

This Decision is addressed to:1Velcro SA, rue César-Soulié 3, CH-1260 Nyon2Aplix SA, avenue Marceau, 75bis F-75116 Paris Done at Brussels, 12 July 1985.For the Commission Peter SUTHERLAND Member of the Commission (1) OJ N° 13, 21. 2. 1962, p. 204/62. (2) OJ N° 127, 20. 8. 1963, p. 2268/63. (1) OJ N° L 101, 1. 4. 1978, p. 7. (2) In the published version of the Decision, some figures have hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation N° 17 concerning non-disclosure of business secrets. (1) OJ N° L 6, 13. 1. 1976, p. 8. (1) Case 16/74, ECR (1974) 1183. (1) Case 258/78 ECR (1982) 2015. (2) Case 192/73 ECR (1974) 731.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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