88/491/EEC: Commission Decision of 26 July 1988 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/31.379 - Bloemenveilingen Aalsmeer) (Only the Dutch text is authentic)

• Articles: 4

Article 1

The agreements notified to the Commission which were concluded by the VBA whereby the dealers established on the VBA's premises and their suppliers were at least until 1 May 1988 required:

(a) to deal in and/or have delivered on the VBA's premises floricultural products not bought through the VBA only with the consent of the VBA and under the conditions laid down by it;

(b) to store temporarily on the VBA's premises floricultural products not bought through the VBA only against payment of a fee determined by the VBA, constitute infringements of Article 85 (1) of the EEC Treaty.

The charges for the prevention of irregular use of the VBA facilities imposed by the VBA on the dealers established on its premises (10 % rule, Fl 0,25 levy) as well as the trade agreements concluded between the VBA and these dealers, also constitute, as notified, infringements of that provision.

Article 2

An exemption pursuant to Article 85 (3) of the EEC Treaty for the agreements referred to in Article 1 is hereby refused.

Article 3

The VBA shall take no measures having the same purpose or effect as the infringements referred to in Article 1.

Article 4

This Decision is addressed to:

Cooeperatieve Vereniging 'De Verenigde Bloemenveilingen Aalsmeer' BA,

Legmeerdijk 313,

NL-1430 BA Aalsmeer.

Done at Brussels, 26 July 1988.

For the Commission

Peter SUTHERLAND

Member of the Commission

(1) OJ No L 173, 30. 6. 1983, p. 5.

(1) The improvement of production of goods or the promotion of technical or economic progress has not, as a result of the abovementioned restriction of competition, been taken into consideration.

(1) (1974) ECR 51 et seq.

(2) Judgment of the Court of Justice in Case 8/72 Cementhandelaren (1972) ECR 977 et seq. and Case 7/82 GVL (1983) ECR 483 et seq.; Commission Decisions in Case IV/30.299 Grohe's-distribution system (OJ No L 19, 23. 1. 1985, pp. 17 et seq.) and Case IV/30.017 Breeders' rights: roses (OJ No L 369, 31. 12. 1985, pp. 9 et seq.).