94/987/EC: Commission Decision of 21 December 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/32.948 - IV/34.590: Tretorn and others) (Only the English, French, German, Italian and Dutch texts are authentic) (Text with EEA relevance)

• Articles: 4

Article 1

Tretorn Sport Ltd and Tretorn AB have infringed Article 85 (1) of the EC Treaty by applying a general export ban to their distributors of tennis balls, implemented through monitoring measures and sanctions, through the reporting and investigation of parallel imports of tennis balls, the marking of tennis balls, and the suspension of supplies in order to prevent parallel imports and exports of tennis balls.

Formula Sport International Ltd has infringed Article 85 (1) by participating in the implementation in the United Kingdom of the export ban and suspension of supplies in order to enforce Tretorn Sport Ltd's policy of preventing parallel imports and exports of tennis balls.

Fabra SPA has infringed Article 85 (1) by participating in the implementation in Italy of the export ban and suspension of supplies through the reporting and investigation of parallel imports of tennis balls, the marking of tennis balls and the suspension of supplies in order to enforce Tretorn Sport Ltd's policy of preventing parallel imports and exports of tennis balls.

Tenimport SA has infringed Article 85 (1) by participating in the export ban and the suspension of supplies, through the reporting of parallel imports to Tretorn with the effect that Tretorn and its Italian exclusive distributor took measures with a view to eliminating those imports.

Zuercher AG has infringed Article 85 (1) by participating in the implementation in Switzerland of the export ban and suspension of supplies, through the reporting and investigation of parallel imports of tennis balls and the marking of tennis balls in order to enforce Tretorn Sport Ltd's policy of preventing parallel imports and exports of tennis balls.

Van Megen Tennis BV has infringed Article 85 (1) by participating in the implementation in the Netherlands of the reporting and investigation of parallel imports in order to enforce Tretorn Sport Ltd's policy of preventing parallel imports and exports of tennis balls.

Article 2

A fine of ECU 600 000 is hereby imposed on Tretorn Sport Limited and Tretorn AB jointly and severally and fines of ECU 10 000 each on Formula Sport International Ltd; on Fabra SPA; on Zuercher AG; and on Van Megen Tennis BV, in respect of the infringements referred to in Article 1.

The fines shall be paid, in ecus, to the Commission of the European Communities, account No 310-0933000-43, Banque Bruxelles Lambert, Agence Européenne, Rond Point Schuman 5, B-1040 Brussels, within three months of notification of this Decision.

After the expiry of that period, interest shall automatically be payable at the rate charged by the European Monetary Institute on its ecu operations on the first working day of the month in which this Decision is adopted, plus three and a half percentage points.

Article 3

Tretorn Sport Ltd, Tretorn AB, Fabra SPA, Tenimport SA, Zuercher AG and Van Megen Tennis BV shall, in so far as they have not already done so, terminate the infringements referred to in Article 1. They shall refrain from adopting any other measures having equivalent effect.

Article 4

This Decision is adressed to:

Tretorn Sport Ltd

Industrial Estate

Portlaoise

IRL-County Laois

Tretorn AB

Roenowsweg 10 Box 931

S-25100 Helsingborg

Formula Sport International Limited

c/o Arthur Andersen

PO Box 55

1 Surrey Street

UK-London WC2R 2NT

Fabra SPA

Via Sansovino 243/60

I-10151 Torino

Tenimport SA

Rue des Cottages 73

B-1180 Bruxelles

Zuercher AG

Gewerbestrasse 18

CH-8800 Thalwil

Van Megen Tennis BV

Parmentierweg 5

NL-5657 EH-Eindhoven

This Decision shall be enforceable pursuant to Article 192 of the EC Treaty.

Done at Brussels, 21 December 1994.

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) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 (2) of Regulation No 17 concerning non-disclosure of business secrets.

(4) OJ No L 131, 16. 5. 1992, p. 32.

(1) 'Tretorn' must be understood in this part of the Decision as designating either Tretorn Sport Ltd or Tretorn AB.

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