HIS TELEX MESSAGES TO MR WEBER AND STATED THAT , AT THE MEETING IN ROMMELSHAUSEN , THE MANAGEMENT OF MELCHERS HAD REPEATED THAT MELCHERS COULD DELIVER ONLY TO THE SPECIALIST TRADE IN GERMANY .
48 FOR ITS PART , MELCHERS STATES THAT ITS FAILURE TO PERFORM THE ORDER PLACED BY GRUONER WAS DUE SOLELY TO THE FACT THAT , ON THE ONE HAND , MELCHERS ' STOCK LEVELS DID NOT ENABLE THE GOODS ORDERED TO BE DELIVERED AND THAT , ON THE OTHER HAND , THE ORDER WAS PREMATURE BECAUSE THE DISCUSSIONS BETWEEN MR SCHREIBER AND THE LOCAL REPRESENTATIVE WERE MERELY AN ' ' INITIAL CONTACT ' ' WHICH WAS NOT SUFFICIENT FOR MELCHERS , WHICH WAS ACCUSTOMED TO SELLING ALMOST EXCLUSIVELY TO RETAILERS , TO ESTABLISH BUSINESS RELATIONS WITH GRUONER . IT IS THOSE FACTS , RATHER THAN ANY REFUSAL TO DELIVER GOODS INTENDED FOR EXPORT , WHICH MELCHERS ' STAFF COMMUNICATED TO MR SCHREIBER BEFORE THE LATTER SENT HIS TELEX MESSAGE OF 28 JANUARY 1976 TO MR WEBER .
49 AGAIN ACCORDING TO MELCHERS , THE REASON WHY THE GOODS WERE NOT DELIVERED AFTER BUSINESS RELATIONS BETWEEN THE TWO UNDERTAKINGS WERE FINALLY ESTABLISHED AT THE MEETING IN ROMMELSHAUSEN ON 11 FEBRUARY 1976 WAS THAT GRUONER HAD LOST ALL INTEREST IN PERFORMING THE CONTRACT ENTERED INTO WITH MR IFFLI . MR SCHREIBER HAD IN FACT DISCOVERED THAT HE HAD MADE A MISTAKE IN CALCULATING THE PRICES WHICH HE HAD QUOTED TO MR IFFLI ON 31 DECEMBER 1975 . APART FROM THE VARIOUS STANDARD DISCOUNTS MENTIONED BY THE LOCAL REPRESENTATIVE , HE HAD DEDUCTED 11% IN RESPECT OF GERMAN VALUE-ADDED TAX WHEREAS THE BASIC PRICES DID NOT INCLUDE VALUE-ADDED TAX .
50 IN THAT REGARD , MELCHERS RELIES ON A MATHEMATICAL FORMULA WRITTEN BY HAND BY MR SCHREIBER ON A PRICE LIST FOR PRODUCTS OTHER THAN PIONEER EQUIPMENT WHICH MELCHERS ' LAWYERS FOUND DURING A VISIT TO GRUONER ' S PREMISES AND ALSO ON A WRITTEN STATEMENT OF 5 SEPTEMBER 1980 IN WHICH MR SCHREIBER ADMITTED HAVING INVENTED THE STORY OF MELCHERS ' REFUSAL TO SELL SO AS TO CONCEAL THE MISTAKE WHICH HE HAD MADE IN HIS CALCULATIONS . THAT STATEMENT WAS CONFIRMED IN ESSENCE BY MR SCHREIBER AT THE HEARING OF WITNESSES BEFORE THE COURT .
51 IN VIEW OF THE OPPOSING ARGUMENTS OF THE PARTIES AND THE CONTRADICTORY STATEMENTS OF MR SCHREIBER , IT MUST BE SEEN WHETHER THE OTHER EVIDENCE IS CAPABLE OF CONFIRMING ONE OR OTHER OF THOSE ARGUMENTS .
52 AS REGARDS THE COMMISSION ' S ARGUMENT , IT SHOULD BE BORNE IN MIND THAT THE TELEX MESSAGE SENT BY MR SCHREIBER TO MR WEBER ON 28 JANUARY 1976 STATED THAT ' ' PIONEER ' S EUROPEAN HEAD OFFICE IN ANTWERP ALREADY KNOWS THAT A LICENCE HAS BEEN ISSUED TO IMPORT PIONEER EQUIPMENT . ' ' IN FACT IT IS NOT DISPUTED THAT MDF INFORMED PIONEER OF THE LICENCES ISSUED TO MR IFFLI ON 21 AND 22 JANUARY 1976 AND THAT PIONEER FORWARDED THAT