RE-EXPORTING THE PRODUCTS COVERED BY THE AGREEMENT .
11 HOWEVER IT FALLS TO THE NATIONAL COURT TO EXAMINE WHETHER THESE CONDITIONS ARE FULFILLED IN EACH CASE .
12 WHERE THE AGREEMENT FALLS WITHIN THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) THE POSSIBLE EFFECT OF REGULATION NO 67/67 OF THE COMMISSION WHICH PROVIDES FOR BLOCK EXEMPTION FOR EXCLUSIVE DEALING ARRANGEMENTS MUST ALSO BE EXAMINED WITH REGARD TO AGREEMENTS OF THIS TYPE WHICH HAVE NOT BEEN NOTIFIED .
13 IT FOLLOWS FROM THE DECISION MAKING THE REFERENCE THAT THE OBJECTION THAT THE AGREEMENT IS ILLEGAL, WHICH IS BASED ON ARTICLE 85 OF THE TREATY, ONLY RELATES TO THE CONTRACT DATED 30 JANUARY 1968 .
14 THEREFORE REGULATION NO 67/67 NEED ONLY BE EXAMINED WITH REGARD TO AGREEMENTS ENTERED INTO AFTER ITS ENTRY INTO FORCE .
15 IT FOLLOWS FROM ARTICLE 7 ( 2 ) OF THAT REGULATION THAT SUCH AGREEMENTS, WHERE THEY WOULD FALL WITHIN THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ), MAY OBTAIN THE BENEFIT OF THE BLOCK EXEMPTION IN SPITE OF FAILURE TO NOTIFY THEM TO THE COMMISSION, PROVIDED THAT THEY SATISFY THE SPECIFIC CONDITIONS LAID DOWN IN ARTICLES 1 TO 3 OF THE SAID REGULATION .
Decision on costs
16 THE COSTS INCURRED BY THE COMMISSION, WHICH HAS SUBMITTED ITS OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND SINCE THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE TRIBUNAL DE COMMERCE, LYON, PURSUANT TO THE JUDGMENT GIVEN BY THAT COURT ON 24 SEPTEMBER 1970, HEREBY RULES :
1 . AN EXCLUSIVE DEALING AGREEMENT ENTERED INTO BETWEEN PARTIES WHICH OCCUPY A WEAK POSITION ON THE MARKET IN THE PRODUCTS COVERED BY THE AGREEMENT MAY ESCAPE THE PROHIBITION IN ARTICLE 85 ( 1 ) ESPECIALLY WHEN IT DOES NOT CREATE ABSOLUTE TERRITORIAL PROTECTION .
2 . AN EXCLUSIVE DEALING AGREEMENT WHICH FALLS WITHIN THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) AND WHICH WAS ENTERED INTO AFTER REGULATION NO 67/67 CAME INTO FORCE MAY, EVEN WHERE THERE HAS BEEN A FAILURE TO NOTIFY IT TO THE COMMISSION, OBTAIN THE BENEFIT OF THE BLOCK EXEMPTION LAID DOWN IN ARTICLE 1 OF THAT REGULATION IF IT FULFILS THE CONDITIONS PRESCRIBED BY ARTICLES 1 TO 3 OF THE SAID REGULATION .