Article 1
Systemform GmbH has infringed Article 85 (1) of the EC Treaty and Article 53 (1) of the EEA Agreement by including an export ban and restrictions on resale prices in its contracts with distributors.
97/123/EC: Commission Decision of 4 December 1996 relating to a proceeding pursuant to Article 85 of the Treaty establishing the European Community and Article 53 of the EEA Agreement (IV/35.679 - Novalliance/Systemform) (Only the German text is authentic) (Text with EEA relevance)
97/123/EC: Commission Decision of 4 December 1996 relating to a proceeding pursuant to Article 85 of the Treaty establishing the European Community and Article 53 of the EEA Agreement (IV/35.679 - Novalliance/Systemform) (Only the German text is authentic) (Text with EEA relevance)
Data as of 2026-07-04 Β· Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Β· Read the official text β
Article 2
A fine of ECU 100 000 is hereby imposed on Systemform GmbH, in respect of the infringement referred to in Article 1. The fine shall be paid, in ecus, to the European Commission, account No 310-0933000-43, Banque Bruxelles Lambert, Agence EuropΓ©enne, 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
Systemform GmbH shall, in so far as it has not already done so, terminate the infringements referred to in Article 1.
Article 4
This Decision is addressed to: Systemform GmbH GeithstraΓe 18 D-83209 PRIEN This Decision shall be enforceable pursuant to Article 192 of the EC Treaty. Done at Brussels, 4 December 1996. 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) Annex 14 to letter of 30 November 1995 from Cleary, Gottlieb, Steen & Hamilton on behalf of Systemform GmbH. (4) Letter from Eurinvest to the Commission dated 5 February 1996. (5) Letter from Cleary, Gottlieb, Steen & Hamilton to the Commission on behalf of Systemform GmbH of 3 October 1995. (6) Annex 4 to letter from Cleary, Gottlieb, Steen & Hamilton to the Commission on behalf of Systemform GmbH of 30 November 1995. (7) 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. (8) Letter from Eurinvest to the Commission of 5 February 1996. (9) Annex 1 to letter from Cleary, Gottlieb, Steen & Hamilton to the Commission on behalf of Systemform of 10 April 1996. (10) Annex 6 to complaint. (11) The fact that high and low-volume equipment form separate markets was alleged in the original complaint, and agreed by Systemform in their letter to the Commission of 30 November 1995. Remaining analysis is based on product information from both Novalliance and Systemform. (12) OJ No L 173, 30. 6. 1983, p. 1. (13) [1966] ECR 299.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
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