FEBRUARY 1974 AND OUTSIDE THAT PERIOD , THE NATIONAL OFFICE SUPPORTED CONSUMERS OR TRADERS WHO WERE IN DIFFICULTY .
38FOR THIS PURPOSE THE NATIONAL OFFICE BROUGHT INTO FORCE FROM THE BEGINNING A SPECIAL DISTRIBUTION PROGRAMME FOR SUPPLYING THE NEEDS OF ABG WITHOUT HOWEVER COMPELLING THE LARGE OIL COMPANIES , INCLUDING BP , TO APPLY A SIMILAR RATE OF REDUCTION IN DELIVERIES TO ALL CUSTOMERS .
39THROUGH THE INTERMEDIARY OF THE NATIONAL OFFICE ABG WAS ABLE , DURING THE PERIOD OF SHORTAGE , TO HAVE ACCESS FOR ITS MOTOR SPIRIT SUPPLIES , TO OTHER LARGE OIL COMPANIES GROUPED TOGETHER IN THE OLIE CONTACT COMMISSIE ( LIAISON COMMITTEE FOR THE OIL INDUSTRY ).
40MOREOVER ALTHOUGH THE INTERVENTION OF THE NATIONAL OFFICE WAS NOT OF A MANDATORY NATURE BUT WAS RATHER LIMITED TO AN APPEAL FOR VOLUNTARY CONTRIBUTIONS FROM THE OIL COMPANIES , THE POSITION NEVERTHELESS REMAINS THAT ABG FOUND WITH THE NATIONAL AUTHORITIES , ACTING FIRST THROUGH THE NATIONAL OFFICE AND LATER DIRECTLY THROUGH THE MINISTER FOR ECONOMIC AFFAIRS , A CONSTANT SUPPORT WHICH , AS ITS DIFFICULTIES GREW , WAS TRANSFORMED INTO A MORE AND MORE MARKED INTERVENTION , INVOLVING THE TAKING OF RESPONSIBILITY BY THE NATIONAL OFFICE FOR THE NEEDS OF ABG ' S NON-CONTRACTUAL CUSTOMERS IN MOTOR SPIRIT , THE SETTING UP OF A POOL INTENDED FOR THE EXCLUSIVE SUPPLY OF ABG AND , WHEN ABG ' S POSITION BECAME CRITICAL , MANDATORY SUPPLY DECISIONS ADDRESSED TO THE LARGE OIL COMPANIES .
41ANNEX I TO THE DECISION MOREOVER SHOWS THAT DURING THE PERIOD OF SHORTAGE , EXCEPT FOR THE MONTH OF FEBRUARY 1974 , ABG WAS ABLE TO RECEIVE MOTOR SPIRIT NOT ONLY FROM THE OIL COMPANIES GROUPED TOGETHER IN THE LIAISON COMMITTEE BUT ALSO FROM THE 13 OTHER COMPANIES IN QUANTITIES WHICH REPRESENTED DURING THE FIRST THREE MONTHS OF THE CRISIS 32.5 TO 37% OF ITS NORMAL SUPPLIES .
42FINALLY IT IS CLEAR THAT , THANKS TO THAT SUPPORT AND TO THE SUPPLY OPPORTUNITIES OFFERED BY THE MARKET APART FROM SUPPLIES COMING FROM BP , ABG WAS ABLE DURING THE CRISIS TO FIND SUPPLIES WHICH , ALTHOUGH LIMITED BY REASON IN PARTICULAR OF THE GENERAL SCARCITY OF PRODUCTS , NEVERTHELESS DID PUT IT IN A POSITION TO OVERCOME THE DIFFICULTIES ENGENDERED BY THE CRISIS .
43HENCE , IN VIEW OF THESE CIRCUMSTANCES , IT DOES NOT APPEAR THAT BP IN THIS CASE ABUSED A DOMINANT POSITION IN RELATION TO ABG WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY .
44IN THESE CIRCUMSTANCES THE CONTESTED DECISION MUST BE ANNULLED .
Decision on costs
COSTS
45UNDER THE TERMS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
46THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS AND MUST THEREFORE BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY
1 . ANNULS COMMISSION DECISION NO 77/327/EEC OF 19 APRIL 1977 , PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES L 117