91/335/EEC: Commission Decision of 15 May 1991 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/32186 Gosme/Martell - DMP) (Only the French text is authentic)

• Articles: 5

Article 1

DMP and Martell have infringed Article 85 (1) of the EEC Treaty by pursuing practices which consisted in:

1. the concluding of an agreement between DMP and Martell to discourage parallel exports by refusing to grant discounts in the event of export;

2. the withholding, within the framework of agreements between DMP and Gosme, and with the approval of Martell, of discounts and rebates in the event of export;

3. the incorporation by DMP of a clause prohibiting exports in its invoices issued to wholesalers.

Article 2

A fine of ECU 300 000 is hereby imposed on Martell for the infringements described in Article 1 (1) and (2).

Article 3

A fine of ECU 50 000 is hereby imposed on DMP for the infringements described in Article 1.

Article 4

The fines shall be paid to account:

No 310-0933000-43,

Banque Bruxelles Lambert,

Agence Européenne,

Rond Point Schuman 5,

B-1040 Bruxelles,

within three months from the date of notification of this Decision.

On expiry of that period 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, i. e. 13,5 %.

Article 5

This Decision is addressed to Distribution Martell Piper SA, BP 21, F-16101 Cognac Cedex and to Martell et Cie SA, BP 21, F-16101 Cognac Cedex.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty. Done at Brussels, 15 May 1991. For the Commission

Leon BRITTAN

Vice-President

(1) OJ No 13, 21. 2. 1962, p. 204/62. (2) OJ No 127, 20. 8. 1963, p. 2268/63. (3) Case C-277/87, Sandoz Prodotti Farmaceutici SpA v. Commission, [1990] ECR 45. (4) OJ No L 173, 30. 6. 1983, p. 1.