Judgment of the Court (Fifth Chamber) 10 December 1985

In Case 260/82

THE COURT (Fifth Chamber) composed of: U. Everling, President of Chamber, R. Joliét, O. Due, Y. Galmot and C. Kakouris, Judges, Advocate General: P. Ver Loren 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 — First submission: the conditions for the application of Article 85 (1) of the EEC Treaty were not met

A. The argument that the prohibited agreements 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 margins

(c) The pressure allegedly exerted by the authorities

2. The absence of an appreciable restriction of competition

(a) The absence of restriction of competition between the manufacturers who were parties to the bonus scheme

(b) The effect on third parties of the bonus scheme

(c) The absence of an appreciable restriction of competition

B. The absence of an effect on trade between Member States

II — Second submission: failure to comply with Article 85 (3) of the EEC Treaty

Costs

1 Language of the Case: Dutch.