Judgment of the Court (Fifth Chamber) 10 December 1985

In Cases 240 to 242, 261, 262, 268 and 269/82

THE COURT (Fifth Chamber) composed of: U. Everling, President of Chamber, R. Joliét, O. Due, Y. Galmot and C. Kakouris, Judges, Advocate General: P. VerLoren van Themaat Registrar: H. A. Rühi, Principal Administrator

after hearing the Opinion of the Advocate General delivered at the sitting on 29 January 1985,

gives the following

JUDGMENT

Decision

I — Hist submission: due ooimditioms of application of Article 85 (1) of the Treaty were not met

A. The argument that the prohibited agreements and practices had neither the object nor the effect of restricting competition

1. The decisive influence of the legislative context on the applicants' conduct

(a) Description of the legislation

(b) The alleged impossibility of competition on retail prices

(c) The alleged impossibility of competition on margins

2. The pressure allegedly exerted by the authorities

3. The distortion of competition caused by a high multiplier

B. The argument that the prohibited agreements did not affect trade between Member States

II — Second submission: the existence of an internal contradiction in the Commission's decision

III — Third submission: failure to comply with Article 15 of Regulation No 17 of the Council

A. Lack of intent or negligence

B. The notification of the 1976 SSI master agreement amounted to notification of the 1978 price agreement

C. The Commission could not impose fines for agreements covered by Article 4 (2) of Regulation No 17 of the Council

D. Breach of the principles of equal treatment and of fairness

E. The alleged failure to comply with Article 85 (3) of the Treaty

IV — Fourth submission: the alleged breach of Article 190 of the EEC Treaty, inasmuch as the Commission failed to examine adequately the applicants' arguments

V — The submissions regarding the amount of the fines

Costs

1 Language of the Case: Dutch and German.