Farmoplant SpA, Milan (subsequently Agrimont SpA), Montedison Deutschland GmbH, Eschborn (subsequently Montedison (Deutschland) Chemie Handels-GmbH) and Staehler Agrochemie GmbH and Co KG have infringed Article 85 of the EEC Treaty by participating, between the beginning of 1983 and the end of 1988, in an agreement under which Farmoplant and Montedison Deutschland undertook to afford Staehler absolute territorial protection through product differentiation in respect of the plant protection product Digermin, in order thereby to protect the German market against parallel imports from other Member States.
This Decision is addressed to:
- EniChem Agricoltura SpA,
Via Medici del Vascello 40/C,
Casella Postale 12120,
I-20138 Milano,
- EniChem Deutschland AG,
Sonnenstrasse 23,
D-W-8000 Muenchen 2,
and
- Staehler Agrochemie GmbH & Co, KG,
Postfach 2047,
D-W-2160 Stade.
Done at Brussels, 22 June 1993.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ No 13, 21. 2. 1962, p. 204/62.
(2) OJ No 127, 20. 8. 1963, p. 2268/63.
(3) The conversion rates used are the annual average rates of the relevant currencies against the ecu.
(4) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets.
(5) [1974] ECR 837.
(6) [1983] ECR 483, paragraph 25.
