Opinion of Mr Advocate General VerLoren van Themaat delivered on 29 January 1985

1 Translated from the Dutch.

2 In the closed type of agreement purchases from nonparticipating undertakings are not included in the calculation of the discount.

3 Those estimates indicate in particular that sales to consumers by specialist retailers covered by the bonus scheme account for about 20% of the total sales of cigarettes in the Netherlands. The applicant puts intra-group imports at about 90 % of toul imports, and intergroup imports at about 10 %.

4 On the basis of the figures given in paragraph II of the decision, which are not disputed by the applicant, I think that this last figure should in fact be somewhat higher.

5 Clarifications in brackets added by me.