87/406/EEC: Commission Decision of 10 July 1987 relating to a proceeding under Article 85 of the EEC Treaty (IV- 31.192 - Tipp-Ex) (IV/31.507 - Tipp-Ex (standard form contract)) (Only the German, English, French and Dutch texts are authentic)

• Articles: 5

Article 1

The agreements and concerted practices between Tipp-Ex on the one hand and the exclusive distributors Beiersdorf, Burotex, , Esveha-Rijam and Tipp-Ex (Lesli e McLean) on the other, concerning the discontinuance of sales to customers who resell the contract goods in other Member States, constitute infringements of Article 85 (1) of the EEC Treaty.

Article 2

The undertakings concerned shall forthwith bring the infringements referred to in Article 1 to an end in so far as they still exist, and shall refrain from taking any measures which may have the same object or effect.

Article 3

An exemption under Article 85 (3) of the EEC Treaty for the standard form authorized dealer contract notified on 7 March 1985 is hereby refused.

Article 4

The following fines are hereby imposed on the undertakings named below:

-Tipp-Ex Vertrieb GmbH & Co KG, a fine of 400 000 ECU,

-Beiersdorf AG, a fine of 10 000 ECU.

The above fines shall be paid within three months of the date of notification of this Decision into one of the following accounts of the Commission of the European Communities:

(a)Account N°. 262.00.64910 Sal. Oppenheim & Cie Untersachsenhausen 4 D-5000 Koeln;Commission of the European Communities,

Brussels - ECU (for payments in ECU);

(b)Account N° 260.00.64910 Sal. Oppenheim & Cie Untersachsenhausen 4 D-5000 Koeln(for payments in DM).

After three months, interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ECU operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, that is 10 %.

Should payment be made in the national currency of the abovementioned undertakings, the exchange rate applicable shall be that prevailing on the day preceding payment.

Article 5

This Decision is addressed to:

1.Tipp-Ex Vertrieb GmbH & Co KG,

Eschborner Landstrasse 135,

D-6000 Frankfurt/M. 94;

2.Beiersdorf AG,

Unnastrasse 48,

D-2000 Hamburg 20;

3.Burotex SA,

Tollaan/Av. du Péage 65,

B-1940 St. Stevens-Woluwe;

4.Esveha-Rijam BV,

NL-2400 AE Alphen a/d Rijn;

5.Tipp-Ex (Leslie McLean) Limited,

5, Crawley Hill,

GB-Camberley-Surrey GU 15 2DD.

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

Done at Brussels, 10 July 1987 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)Certain figures have been omitted in the published version of the Decision pursuant to Article 21 of Regulation N° 17 concerning the protection of business secrets.

(2)The name of this undertaking is not stated in the published version of this Decision but is shown as ' . . . ', neither the Decision nor the Statement of Objections being addressed to it.

(1)OJ N° L 173, 30. 6. 1983, p. 1.

(2)OJ N° 57, 25. 3. 1967, p. 849/67.

(3)OJ N° C 101, 13. 4. 1984 p. 2.

(1)(1983) ECR 3 151.

(2)N°t yet reported.