GERMAN MARKET .
15 ACCORDING TO THE APPLICANTS , THE CIRCULAR OF 27 APRIL 1982 AND THE DISCONTINUANCE OF SALES OF RIGHT-HAND-DRIVE CARS TO GERMAN DEALERS ANNOUNCED THEREIN WERE OF A UNILATERAL NATURE . HOWEVER , A UNILATERAL ACT CANNOT BE INCLUDED AMONG THE AGREEMENTS , DECISIONS AND CONCERTED PRACTICES PROHIBITED BY ARTICLE 85 OF THE TREATY . FIRST , AN UNDERTAKING WHICH PRODUCES MOTOR CARS CANNOT BE OBLIGED TO INCLUDE A CERTAIN TYPE OF CAR IN ITS PRODUCTION OR MARKETING PROGRAMME SINCE IT IS THAT UNDERTAKING WHICH BEARS THE RISK INHERENT IN ANY ENTREPRENEURIAL ACTIVITY . SECONDLY , DISCONTINUANCE OF DELIVERIES OF RIGHT-HAND-DRIVE CARS HAS IN THIS CASE NO CONNECTION WITH THE MAIN DEALER AGREEMENT , AND IN ANY EVENT , THE COMMISSION HAS IN NO WAY ESTABLISHED THE EXISTENCE OF SUCH A CONNECTION . IT MUST THEREFORE BE CONCLUDED THAT WITHDRAWAL OF RIGHT-HAND-DRIVE CARS FROM THE MARKET HAS NO RELEVANCE TO THE ASSESSMENT OF THE MAIN DEALER AGREEMENT IN THE LIGHT OF THE TREATY .
16 THE COMMISSION DRAWS ATTENTION FIRST TO THE FACT THAT THE DECISION TO GRANT OR REFUSE AN EXEMPTION UNDER ARTICLE 85 ( 3 ) IN RESPECT OF AN AGREEMENT FALLING UNDER THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) MUST BE ADOPTED IN THE LIGHT OF THE ENTIRE ECONOMIC AND LEGAL CONTEXT IN WHICH THE AGREEMENT HAS OPERATED . THE BEHAVIOUR OF AN UNDERTAKING WHOSE RELATIONSHIP TO ITS DEALERS IS BASED ON A SYSTEM OF SELECTIVE DISTRIBUTION IS PART OF THAT CONTEXT . IN THIS CASE , THE DECISION NOT TO GRANT AN EXEMPTION IN RESPECT OF THE MAIN DEALER AGREEMENT WAS PARTICULARLY JUSTIFIED BECAUSE THE CONSEQUENCE OF FORD AG ' S BEHAVIOUR WAS TO AGGRAVATE SIGNIFICANTLY THE RESTRICTIVE EFFECTS OF SUCH AGREEMENTS AND TO REDUCE INTRA-BRAND COMPETITION SOLELY FOR THE PURPOSE OF PUTTING AN END TO PARALLEL IMPORTS INTO GREAT BRITAIN AND THEREBY ERECTING BARRIERS BETWEEN THE NATIONAL MARKETS .
17 WITH REGARD TO THE CONNECTION BETWEEN THE MAIN DEALER AGREEMENT AND THE REFUSAL TO SUPPLY RIGHT-HAND-DRIVE CARS TO GERMAN DEALERS , THE COMMISSION REFERS TO THE STATEMENT OF THE REASONS ON WHICH THE CONTESTED DECISION IS BASED ( PARAGRAPH 42 ) ACCORDING TO WHICH FORD AG ' S MAIN DEALER AGREEMENT AND THE TYPE OF RELATIONSHIP WHICH IT CREATED WERE THE CONTEXT IN WHICH FORD AG ' S CIRCULAR LETTER OF 27 APRIL 1982 WAS SENT AND IN WHICH THAT FIRM DISCONTINUED DELIVERIES OF RIGHT-HAND-DRIVE CARS . THE CIRCULAR WAS EXCLUSIVELY ADDRESSED TO DEALERS WHO WERE PARTIES TO THE GERMAN MAIN DEALER AGREEMENT WHEREAS , PREVIOUSLY , FORD AG HAD SOLD RIGHT-HAND-DRIVE CARS ONLY TO AND THROUGH THOSE DEALERS , AND THE DEALERS ' RIGHT TO OBTAIN FORD MOTOR CARS UNDER ARTICLE 2 OF THE AGREEMENT INCLUDED RIGHT-HAND-DRIVE CARS . THE CIRCULAR THUS ALTERED THE RELATIONSHIP BETWEEN FORD AG AND ITS DEALERS .
18 THE BUREAU EUROPEEN DES UNIONS DE CONSOMMATEURS DRAWS ATTENTION TO ARTICLE 2 , PARAGRAPH 1 , OF THE MAIN DEALER AGREEMENT WHICH PROVIDES THAT FORD MUST