AND IN THE CASE OF DELIVERIES IN THE KARLSRUHE AREA TO HAVE REGARD TO THE FRENCH UNDERTAKING ' S PART-OWNERSHIP OF WORKS IN WOSSINGEN ( GERMANY ) AND ON EACH OCCASION TO CONSULT THE FRENCH UNDERTAKING BEFORE SOLICITING BUSINESS THERE?
2.IF THE ABOVE-MENTIONED AGREEMENT IS TO BE REGARDED AS A BASIC CONTRACT AND IF IT IS VOID UNDER ARTICLE 85 ( 2 ) OF THE EEC TREATY , ARE INDIVIDUAL CONTRACTS OF SALE MADE IN PERFORMANCE OF THAT CONTRACT LIKEWISE TO BE REGARDED AS VOID?
3.IF QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE : IS ARTICLE 85 ( 2 ) OF THE EEC TREATY TO BE INTERPRETED AS MEANING THAT THE NULLITY WHICH IT STIPULATES IS SUCH AS TO AFFECT PHYSICAL TRANSACTIONS MADE IN PERFORMANCE OF OBLIGATIONS UNDER THE CONTRACT OF SALE , SO THAT A SUPPLIER IS NOT TO BE PERMITTED , IN SO FAR AS HE HAS MADE DELIVERIES , TO CLAIM RECOVERY OF HIS ASSETS ( ON THE BASIS OF THE RULES GOVERNING UNJUST ENRICHMENT IN THE FEDERAL REPUBLIC OF GERMANY ) UNDER THE VOID CONTRACT OF SALE?
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FIRST QUESTION
6 IT IS CLEAR FROM PREVIOUS JUDGMENTS OF THE COURT THAT CLAUSES IN CONTRACTS OF SALE RESTRICTING THE BUYER ' S FREEDOM TO USE THE GOODS SUPPLIED IN ACCORDANCE WITH HIS OWN ECONOMIC INTERESTS ARE RESTRICTIONS ON COMPETITION WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY . A CONTRACT WHICH IMPOSES UPON THE BUYER 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 HAS AS ITS OBJECT THE PREVENTION OF COMPETITION WITHIN THE COMMON MARKET .
7 SUCH CONTRACT IS THEREFORE PROHIBITED BY ARTICLE 85 ( 1 ) IF IT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES .
8 THE PLAINTIFF IN THE MAIN ACTION CLAIMS THAT , IN THIS CASE , THE CONTRACT DOES NOT FALL WITHIN THE PROHIBITION IMPOSED BY ARTICLE 85 BY REASON OF THE WEAK POSITION OF THE PARTIES ON THE MARKET IN THE PRODUCTS IN QUESTION . IN THAT REGARD , IT WAS STATED IN THE COURSE OF THE PROCEEDINGS , WITHOUT CONTRADICTION , THAT FRENCH EXPORTS OF CEMENT TO THE FEDERAL REPUBLIC OF GERMANY AT THE MATERIAL TIME AMOUNTED TO ABOUT 350 000 TONNES PER YEAR . THE QUANTITY COVERED BY THE CONTRACT AT ISSUE THEREFORE REPRESENTED MORE THAN 10% OF FRENCH EXPORTS TO GERMANY . UNDER THOSE CIRCUMSTANCES , IT IS IMPOSSIBLE TO TAKE THE VIEW THAT SUCH A CONTRACT COULD NOT APPRECIABLY AFFECT TRADE BETWEEN MEMBER STATES .
9 THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT PROVISIONS IN A CONTRACT MADE 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