MUST BE AVAILABLE TO SELL THE GOODS FROM PREMISES SUITABLE FOR THEIR DISPLAY , STOCKING AND DEMONSTRATION . DEALERS MUST ALSO BE IN A POSITION TO PROVIDE GUARANTEE AND AFTER-SALES SERVICES THEMSELVES OR THROUGH THIRD PARTIES .
SUCH PURELY TECHNICAL REQUIREMENTS DO NOT INVOLVE A RESTRICTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ) .
23 . JUNGHANS' RIGHT TO DISCOVER WHEN AND TO WHOM GOODS HAVE BEEN SOLD ENABLES JUNGHANS TO VERIFY WHETHER ITS DEALERS ARE OBSERVING THEIR OBLIGATIONS ( SEE 11 ABOVE ) . BY THIS MEANS JUNGHANS CAN IDENTIFY ANY JUNGHANS DEALER MAKING A DELIVERY TO A DEALER EXCLUDED FROM THE SYSTEM . SINCE THE IMPOSITION OF QUALITATIVE CRITERIA DOES NOT BY ITSELF FALL UNDER ARTICLE 85 ( 1 ) THE SAME WOULD APPLY TO MEASURES TAKEN TO ENSURE COMPLIANCE WITH OBLIGATIONS ARISING THEREFROM .
24 . THE PROHIBITION PREVENTING JUNGHANS DEALERS FROM EXPORTING FROM THE EEC ( SEE 10 ABOVE ) DOES NOT AT PRESENT HAVE ANY APPRECIABLE EFFECT ON COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ) . THIS PROHIBITION IS DESIGNED TO PROTECT DEALERS IN THIRD COUNTRIES FROM THEIR COMPETITORS IN THE COMMUNITY . IT HAS THE OBJECT OF RESTRICTING COMPETITION IN THIRD COUNTRIES .
THIS PROHIBITION HAS NO APPRECIABLE EFFECTS ON COMPETITION WITHIN THE COMMON MARKET AND TRADE BETWEEN MEMBER STATES . OWING TO THE DOUBLE DUTY BORNE BY GOODS TWICE CROSSING THE CUSTOMS FRONTIERS OF THE EUROPEAN COMMUNITIES , THERE IS NO INCENTIVE FOR JUNGHANS DEALERS AND CONSUMERS IN THE COMMUNITY TO BUY GOODS EXPORTED BY A JUNGHANS DEALER TO A THIRD COUNTRY .
HOWEVER , WHILE AT PRESENT THE COMMISSION SEES NO REASON TO OBJECT TO THIS EXPORT PROHIBITION , THIS WILL NOT NECESSARILY BE THE CASE AFTER 1 JULY 1977 AS REGARDS THOSE STATES WITH WHICH THE EEC HAS A FREE-TRADE AGREEMENT ( 2 ) . AFTER THAT DATE THERE WILL BE NO CUSTOMS DUTIES ON TRADE BETWEEN THE COMMUNITY AND THE COUNTRIES IN QUESTION .
25 . IT MAY FAIRLY BE SAID THAT THE OBLIGATION OF JUNGHANS SOLE DISTRIBUTORS IN BELGIUM AND DENMARK TO INFORM JUNGHANS OF ALL MATTERS RELATING TO SALES ( SEE 15 ABOVE ) DOES NOT NECESSARILY RESULT IN A RESTRICTION OF COMPETITION MERELY BECAUSE JUNGHANS THEREBY SEEKS TO LEARN OF THE MEANS WHEREBY JUNGHANS DEALERS COMPETE WITH EACH OTHER . PROVIDED THAT JUNGHANS MAKES NO RECOMMENDATIONS TO DESIST FROM CERTAIN TYPES OF SALE ( E.G . HORIZONTAL , DIRECT AND RETURN SALES ) OR TO CHARGE CERTAIN PRICES , AND OFFERS NEITHER INCENTIVES NOR THREATENS SANCTIONS , TO ACHIEVE THESE ENDS , IT CANNOT BE ASSUMED THAT SUCH CONDUCT HAS A RESTRICTIVE EFFECT ON COMPETITION .
26 . SINCE THE STANDARD DISTRIBUTION AGREEMENT FOR RETAILERS CONTAINS ONLY THE ABOVEMENTIONED RESTRICTIONS , WHICH ARE NOT WITHIN THE SCOPE OF ARTICLE 85 ( 1 ) ( SEE 21 TO 24 ABOVE ) , THE COMMISSION MAY , PURSUANT TO ARTICLE 2 OF REGULATION NO 17 , GRANT A NEGATIVE CLEARANCE IN RESPECT