, IN THE OTHER , FRANCE , THE BENELUX COUNTRIES AND AUSTRIA .
14 THE BUNDESGERICHTSHOF WISHES TO KNOW WHETHER THE REGULATION MAY BE APPLIED WHERE THE OBLIGATIONS ENTERED INTO THUS COVER NOT ONLY A DEFINED AREA OF THE COMMON MARKET BUT ALSO COUNTRIES OUTSIDE THE COMMUNITY .
15 REGULATION NO 67/67 IS DESIGNED TO REGULATE AN ASPECT OF COMPETITION IN THE GENERAL CONTEXT OF THE AREA TO WHICH THE EEC TREATY , AND MORE PARTICULARLY ARTICLE 85 , WHICH REFERS TO COMPETITION ' ' WITHIN THE COMMON MARKET ' ' , APPLIES . THE REQUIREMENTS OF THE REGULATION ARE THEREFORE SATISFIED WHEN THE OBJECT OF THE AGREEMENT IS TO ESTABLISH THE TERRITORIAL SCOPE OF THE EXCLUSIVE DEALERSHIP RIGHT WITHIN THE FRAMEWORK OF A ' ' DEFINED AREA ' ' OF THE COMMON MARKET , PROVIDED ALWAYS THAT SUCH TERRITORIAL DELIMITATION AS EXPRESSED IN SUCH A WAY THAT THERE REMAINS A REAL POSSIBILITY OF COMPETITION - AND THUS OF PARALLEL IMPORTS - BETWEEN THE TERRITORY FOR WHICH THE EXCLUSIVE DEALERSHIP IS GRANTED AND THE REMAINDER OF THE COMMUNITY , WHICH IS NOT DISPUTED IN THIS CASE . THE FACT THAT NON-MEMBER COUNTRIES ARE INCLUDED IN THE TERRITORY COVERED BY THE EXCLUSIVE DEALERSHIP DOES NOT THEREFORE ALTER THE REQUIREMENTS FOR THE APPLICATION OF THE REGULATION .
16 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT THE REGULATION ON BLOCK EXEMPTION IS APPLICABLE WHERE THE OBLIGATIONS ENTERED INTO COVER NOT ONLY A DEFINED AREA OF THE COMMON MARKET BUT ALSO COUNTRIES OUTSIDE THE COMMUNITY .
THE THIRD , FOURTH AND FIFTH QUESTIONS ( USE OF THE TRADEMARK RIGHT )
17 THE EXCLUSIVE DEALING AGREEMENT AT ISSUE IS CHARACTERIZED BY THE FACT THAT ONE PARTY GRANTED TO THE OTHER THE RIGHT TO USE A TRADEMARK FOR THE PRECISE PURPOSE OF CARRYING OUT THE AGREEMENT . IN THIS REGARD THE BUNDESGERICHTSHOF RAISES THE QUESTION WHETHER , AND IN WHAT CIRCUMSTANCES , THE EXERCISE OF AN INDUSTRIAL PROPERTY RIGHT MAY BRING SUCH AN AGREEMENT WITHIN THE TERMS OF ARTICLE 3 ( B ) ( 1 ) OF REGULATION NO 67/67 WHICH EXCLUDES BLOCK EXEMPTION . IN SUBSTANCE , IT ASKS WHETHER IT IS SUFFICIENT FOR THE PURPOSES OF THAT PROVISION THAT AN INDUSTRIAL PROPERTY RIGHT MAY BE USED UNDER AN EXCLUSIVE DEALING AGREEMENT IN SUCH A WAY AS TO PREVENT THE RELEVANT GOODS FROM BEING OBTAINED IN THE COMMON MARKET , OR IF THE PROVISION APPLIES ONLY IF SUCH USE OF THE INDUSTRIAL PROPERTY RIGHT ARISES FROM THE TERMS OF THE AGREEMENT ITSELF OR THE ACTUAL CONDUCT OF THE PARTIES .
18 ACCORDING TO ARTICLE 3 , THE BLOCK EXEMPTION PROVIDED FOR BY ARTICLE 1 OF REGULATION NO 67/67 DOES NOT APPLY WHERE ' ' ( B ) THE CONTRACTING PARTIES MAKE IT DIFFICULT FOR INTERMEDIARIES OR CONSUMERS TO OBTAIN THE GOODS TO WHICH THE CONTRACT RELATES FROM OTHER DEALERS WITHIN THE COMMON MARKET , IN PARTICULAR WHERE THE CONTRACTING PARTIES . . . EXERCISE INDUSTRIAL PROPERTY RIGHTS TO PREVENT DEALERS OR CONSUMERS