1 . COMPETITION - AGREEMENTS BETWEEN UNDERTAKINGS - EFFECT ON COMPETITION - CONTRACTS FOR THE SALE OF GOODS RESTRICTING THE BUYER ' S FREEDOM TO USE THE GOODS SUPPLIED - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA
( EEC TREATY , ART . 85 ( 1 ))
2 . COMPETITION - AGREEMENTS BETWEEN UNDERTAKINGS - AUTOMATIC NULLITY - CONSEQUENCES FOR PARTS OF THE AGREEMENT NOT CONTRARY TO ARTICLE 85 ( 1 ) - APPRAISAL BY THE NATIONAL COURT - APPLICATION OF NATIONAL LAW
( EEC TREATY , ART . 85 ( 2 ))
1 . PROVISIONS IN A CONTRACT CONCLUDED BETWEEN A FRENCH EXPORTER AND AN IMPORTER ESTABLISHED IN THE FEDERAL REPUBLIC OF GERMANY IMPOSING ON THE BUYER , DESCRIBED IN THE CONTRACT AS SOLE IMPORTER , AN OBLIGATION TO USE THE GOODS SUPPLIED FOR HIS OWN NEEDS , NOT TO RESELL THE GOODS IN A SPECIFIED AREA AND TO CONSULT THE SELLER BEFORE SOLICITING BUSINESS IN ANOTHER SPECIFIED AREA , BOTH AREAS BEING IN THE FEDERAL REPUBLIC OF GERMANY , HAVE AS THEIR OBJECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET . THEY ARE THEREFORE CONTRARY TO ARTICLE 85 ( 1 ) OF THE EEC TREATY AND VOID WHEN THE CONTRACT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES . WHERE SUCH A CONTRACT RELATES TO SOME 10% OF EXPORTS OF THE GOODS IN QUESTION TO THE FEDERAL REPUBLIC OF GERMANY FROM FRANCE , IT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES APPRECIABLY .
2 . THE AUTOMATIC NULLITY DECREED BY ARTICLE 85 ( 2 ) OF THE EEC TREATY APPLIES ONLY TO THOSE CONTRACTUAL PRO VISIONS WHICH ARE INCOMPATIBLE WITH ARTICLE 85 ( 1 ). THE CONSEQUENCES OF SUCH NULLITY FOR OTHER PARTS OF THE AGREEMENT , AND FOR ANY ORDERS AND DELIVERIES MADE ON THE BASIS OF THE AGREEMENT , AND THE RESULTING FINANCIAL OBLIGATIONS ARE NOT A MATTER FOR COMMUNITY LAW . SUCH CONSEQUENCES ARE TO BE DETERMINED BY THE NATIONAL COURT ACCORDING TO ITS OWN LAW .