Keywords
Summary

Keywords

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1 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - PLANT BREEDERS' RIGHTS - LICENSING AGREEMENT FOR THE PURPOSES OF PROPAGATION - PROVISION PROHIBITING THE SALE AND EXPORTATION OF BASIC SEED - LAWFULNESS

( EEC TREATY, ART . 85 ( 1 ) )

2 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - PROHIBITION - CONDITIONS - WHERE TRADE BETWEEN MEMBER STATES IS AFFECTED - IMPAIRMENT OF COMPETITION

( EEC TREATY, ART . 85 ( 1 ) )

3 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - PLANT BREEDERS' RIGHTS - LICENSING AGREEMENT FOR THE PURPOSES OF PROPAGATION - IMPOSITION OF MINIMUM PRICES - UNLAWFULNESS - CONDITION - APPRECIABLE EFFECT ON TRADE BETWEEN MEMBER STATES

( EEC TREATY, ART . 85 ( 1 ) )

Summary

1 . A PROVISION OF AN AGREEMENT CONCERNING THE PROPAGATION AND SALE OF SEED, IN RESPECT OF WHICH ONE OF THE PARTIES IS THE HOLDER OR THE AGENT OF THE HOLDER OF CERTAIN PLANT BREEDERS' RIGHTS, WHICH PROHIBITS THE GROWER FROM SELLING AND EXPORTING THE BASIC SEED IS COMPATIBLE WITH ARTICLE 85 ( 1 ) OF THE TREATY IN SO FAR AS IT IS NECESSARY IN ORDER TO PERMIT THE BREEDER TO SELECT THE GROWERS WHO ARE TO BE LICENSEES .

2 . AN AGREEMENT WHICH MAKES IT POSSIBLE TO FORESEE, ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR FACT, WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE, DIRECT OR INDIRECT, ACTUAL OR POTENTIAL, ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN MEMBER STATES AND WHICH HAS AS ITS OBJECT OR EFFECT THE RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET FALLS WITHIN THE PROHIBITION SET OUT IN ARTICLE 85 ( 1 ) OF THE TREATY .

3 . A PROVISION IN AN AGREEMENT CONCERNING THE PROPAGATION AND SALE OF SEED, IN RESPECT OF WHICH ONE OF THE PARTIES IS THE HOLDER OR THE AGENT OF THE HOLDER OF CERTAIN PLANT BREEDERS' RIGHTS, WHICH OBLIGES THE GROWER TO COMPLY WITH MINIMUM PRICES FIXED BY THE OTHER PARTY FALLS WITHIN THE PROHIBITION SET OUT IN ARTICLE 85 ( 1 ) ONLY IF IT IS FOUND, HAVING REGARD TO THE ECONOMIC AND LEGAL CONTEXT OF THE AGREEMENT CONTAINING THE PROVISION IN QUESTION, THAT THE AGREEMENT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES TO AN APPRECIABLE DEGREE .