IN ITS DECISION IT REFERRED SOLELY TO THE PURPOSE OF THE AGREEMENT AS BEING TO ESTABLISH DISCRIMINATORY TREATMENT OF IMPORTERS OTHER THAN SOLE IMPORTERS AS AGAINST MANUFACTURERS AND SOLE IMPORTERS . THEREFORE THE DECISION WAS , IT IS ALLEGED , BASED ON AN OBJECTION WHICH WAS NOT CONTAINED IN THE STATEMENT OF OBJECTIONS AND IN RESPECT OF WHICH THE APPLICANTS CONSEQUENTLY WERE NOT AFFORDED AN OPPORTUNITY OF MAKING KNOWN THEIR VIEWS .
11 THIS SUBMISSION MUST BE DISMISSED . A DETAILED EXAMINATION OF THE STATEMENT OF OBJECTIONS REVEALS CLEARLY THAT ITS PURPOSE IS TO DEMONSTRATE THE DISCRIMINATORY TREATMENT OF PARALLEL IMPORTERS AS AGAINST SOLE IMPORTERS . IN EXAMINING THE APPLICANTS ' CONDUCT IN THE LIGHT OF ARTICLE 85 OF THE EEC TREATY , THE COMMISSION EXPRESSLY STATES , IN CONCLUDING THAT THE AGREEMENT RESTRICTS COMPETITION , THAT IT ALSO HAS AS ITS PURPOSE TO PREVENT OR RESTRICT PARALLEL IMPORTS OF WASHING MACHINES AND DISHWASHERS . ACCORDINGLY , THERE IS NO CONFLICT BETWEEN THE STATEMENT OF OBJECTIONS AND THE DECISION .
BREACH OF THE PRINCIPLES OF GOOD ADMINISTRATION
12 ANSEAU ( CASE 108/82 ) CONTENDS IN THE FIRST PLACE THAT THE COMMISSION DID NOT ASCERTAIN THE EXTENT TO WHICH THE PARTIES TO THE AGREEMENT REMEDIED THE INFRINGEMENTS COMPLAINED OF IN THE STATEMENT OF OBJECTIONS AND , SECONDLY , THAT IT MADE THE DECISION PUBLIC BEFORE OFFICIALLY NOTIFYING IT TO THE PARTIES CONCERNED .
13 AS REGARDS THE FIRST CONTENTION , ANSEAU POINTS OUT THAT , AT THE BEGINNING OF 1981 , IT SENT THE COMMISSION DRAFT AMENDMENTS TO THE AGREEMENT AND A DRAFT ' ' SPECIAL AGREEMENT ' ' . THE LATTER AGREEMENT WOULD ALSO HAVE ENABLED IMPORTERS WHO WERE NOT PARTIES TO THE CONTESTED AGREEMENT TO OBTAIN CONFORMITY LABELS ON CONDITION INTER ALIA THAT THEY PAID A GIVEN AMOUNT BY WAY OF GUARANTEE . THE FINAL DRAFT OF THE ' ' SPECIAL AGREEMENT ' ' WAS SENT TO THE COMMISSION BY LETTER OF 15 JUNE 1981 BUT THE COMMISSION ADOPTED THE CONTESTED DECISION SIX MONTHS LATER WITHOUT REPLYING TO THE LETTER .
14 THE COMMISSION , WHILST ACKNOWLEDGING THE TRUTH OF THE FACTS ALLEGED BY ANSEAU , CONSIDERS THAT IT WAS JUSTIFIED IN NOT FOLLOWING UP THE LETTER OF 15 JUNE 1981 SINCE IT HAD REASON TO DOUBT WHETHER ANSEAU GENUINELY INTENDED TO AMEND THE AGREEMENT . BY LETTER OF 19 MAY 1981 THE COMMISSION RAISED CERTAIN OBJECTIONS TO THE DRAFT ' ' SPECIAL AGREEMENT ' ' WHICH WERE NOT TAKEN INTO ACCOUNT IN THE FINAL VERSION OF THE DRAFT . IN ANY EVENT , THE SPECIAL AGREEMENT ENTERED INTO FORCE ONLY AFTER THE ADOPTION OF THE DECISION .
15 IN THAT REGARD , IT MUST IN THE FIRST PLACE BE OBSERVED THAT THE PURPOSE OF THE PRELIMINARY ADMINISTRATIVE PROCEDURE IS TO PREPARE THE WAY FOR THE COMMISSION ' S DECISION CONCERNING THE INFRINGEMENT OF THE COMPETITION RULES ALTHOUGH THAT PROCEDURE ALSO PROVIDES THE UNDERTAKINGS CONCERNED WITH AN OPPORTUNITY TO BRING THE PRACTICES COMPLAINED OF INTO LINE WITH THE RULES