After a preliminary examination pursuant to Article 15 (6) of Regulation No 17, the Commission is of the opinion that the arrangements notified by FNK and SCK in respect of certification of crane-hire businesses meet the conditions of Article 85 (1) of the EC Treaty and that application of Article 85 (3) is not justified.
This Decision is addressed to:
1. Stichting Certificate Kraanverhuurbedrijf
Postbus 312
NL-4100 AH Culemborg;
2. Federatie van Nederlandse Kraanverhuurbedrijven
Postbus 312
NL-4100 AH Culemborg.
Done at Brussels, 13 April 1994.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ No 13, 21. 2. 1962, p. 204/62.
(2) OJ No L 183, 29. 6. 1989, p. 9. Directive as last amended by Directive 93/68/EEC (OJ No L 220, 30. 8. 1993, p. 1). In an earlier amendment (Directive 91/368/EEC (OJ No L 198, 22. 7. 1991, p. 16)), cranes were included within the scope of the Directive.
(3) [1983] ECR, paragraph 60, p. 3151.
(4) Joined Cases 56 and 58/64, Consten and Grundig v. Commission, [1966] ECR, p. 299.
(5) Case T-30/89, Hilti v. Commission, [1991] ECR II, paragraph 118, p. 1439.