COMMISSION WAS ENTITLED TO CONSIDER THAT , WHEN EXAMINING THE MAIN DEALER AGREEMENT WITH A VIEW TO DECIDING WHETHER OR NOT TO GRANT AN EXEMPTION , IT WAS OBLIGED TO TAKE ACCOUNT OF ALL THE CIRCUMSTANCES SURROUNDING THE APPLICATION OF THAT AGREEMENT AND THAT IT WAS THUS ENTITLED TO TAKE THE VIEW THAT THE MERE REFUSAL TO SUPPLY GERMAN DEALERS WITH RIGHT-HAND-DRIVE CARS SUITABLE FOR EXPORT WAS A KEY ELEMENT IN PARTITIONING THE COMMON MARKET ARTIFICIALLY ( PARAGRAPH 41 ). THE DECISION ADDS THAT IN BALANCING THE IMPROVEMENT IN DISTRIBUTION OF CARS RESULTING FROM THE AGREEMENT AGAINST THE DISADVANTAGES , IN REGARD TO COMPETITION WHICH FLOWED FROM THE FACT THAT IT WAS IMPOSSIBLE TO BUY RIGHT-HAND-DRIVE CARS IN GERMANY AT GERMAN PRICES AND THAT COMPETITIVE PRESSURE IN THE UNITED KINGDOM WAS THUS SIGNIFICANTLY REDUCED ( PARAGRAPH 43 ), THE COMMISSION ARRIVED AT THE CONCLUSION THAT THE FIRST TWO CONDITIONS IN ARTICLE 85 ( 3 ) WERE NOT SATISFIED .
34 CONSEQUENTLY , THE SUBMISSION THAT THE METHOD OF REASONING EMPLOYED IN THE DECISION IS ERRONEOUS CANNOT BE ACCEPTED .
35 THE SUBMISSION ALLEGING MISUSE OF POWERS IS BASED ON TWO CIRCUMSTANCES : FIRST , THE COMMISSION IS SAID TO HAVE REFUSED TO EXEMPT THE MAIN DEALER AGREEMENT ON A LEGALLY IRRELEVANT GROUND ; SECONDLY , IT IS ALLEGED THAT , IN ITS DRAFTING OF THE CONTESTED DECISION , THE COMMISSION CREATED UNCERTAINTY , PARTICULARLY WITH REGARD TO OBJECTIONS WHICH IT MIGHT LATER HAVE TO OTHER AS YET UNSPECIFIED CLAUSES OF THE AGREEMENT .
36 THE FIRST PART OF THAT SUBMISSION HAS ALREADY BEEN CONSIDERED . THE SECOND PART DEALS IN FACT WITH A POSSIBLE BREACH OF THE PRINCIPLE OF LEGAL CERTAINTY , A MATTER WHICH WILL BE DEALT WITH IN RELATION TO ANOTHER SUBMISSION .
37 IT IS NOT THEREFORE NECESSARY TO RULE SEPARATELY ON THE SUBMISSION ALLEGING MISUSE OF POWERS .
38 IN THEIR SUBMISSION ALLEGING A BREACH OF THE PRINCIPLE OF LEGAL CERTAINTY , THE APPLICANTS CONTEND THAT THE DECISION AT ISSUE LEFT THEM IN COMPLETE UNCERTAINTY AS REGARDS THEIR LEGAL POSITION . ON THE ONE HAND , THE DECISION SPECIFIES THAT FORD AG ' IS FREE , IF IT WISHES , TO ADOPT A DEALER AGREEMENT WHICH DOES NOT FALL UNDER ARTICLE 85 ( 1 ) ' ( PARAGRAPH 45 ), WITHOUT INDICATING WHICH CLAUSES OF THE AGREEMENT ACTUALLY FALL UNDER THAT PROVISION . ON THE OTHER , THE DECISION ORDERS FORD AG TO BRING ' THE ABOVEMENTIONED INFRINGEMENT ' TO AN END WITHOUT SAYING CLEARLY WHAT COURSE OF CONDUCT THE UNDERTAKING IS REQUIRED TO ADOPT .
39 IN REPLY TO THAT ARGUMENT , THE COMMISSION CONTENDS IN THE FIRST PLACE THAT IT HAD NO WAY OF KNOWING WHETHER FORD AG , AS A RESULT OF THE DECISION , WOULD DECIDE TO RESTORE THE SITUATION WHICH EXISTED BEFORE MAY 1982 OR TO AMEND THE MAIN DEALER AGREEMENT WITHOUT ALTERING ITS REFUSAL TO SUPPLY RIGHT-HAND-DRIVE CARS IN GERMANY . IT IS FOR FORD AG TO ORGANIZE ITS OWN