MORE FAVOURABLE EXPORT PRICES . IT GOES ON TO CLAIM THAT AN AGREEMENT CAN HAVE AS ITS OBJECT THE RESTRICTION OF COMPETITION , WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY , ONLY IF THE TWO CONTRACTING PARTIES HAVE TOGETHER SET THEMSELVES SUCH AN OBJECTIVE , WHICH IS MANIFESTLY NOT WHAT HAPPENED IN THE PRESENT CASE .
26 THOSE ARGUMENTS CANNOT BE ACCEPTED . IN ORDER TO DETERMINE WHETHER AN AGREEMENT HAS AS ITS OBJECT THE RESTRICTION OF COMPETITION , IT IS NOT NECESSARY TO INQUIRE WHICH OF THE TWO CONTRACTING PARTIES TOOK THE INITIATIVE IN INSERTING ANY PARTICULAR CLAUSE OR TO VERIFY THAT THE PARTIES HAD A COMMON INTENT AT THE TIME WHEN THE AGREEMENT WAS CONCLUDED . IT IS RATHER A QUESTION OF EXAMINING THE AIMS PURSUED BY THE AGREEMENT AS SUCH , IN THE LIGHT OF THE ECONOMIC CONTEXT IN WHICH THE AGREEMENT IS TO BE APPLIED .
27 IN THAT CONNECTION , THE DECISION - THE FINDINGS OF WHICH HAVE NOT BEEN CONTESTED ON THIS POINT - STATES THAT SCHILTZ ' S FIRST ORDER TO ASTURIENNE , MADE AT THE REQUEST OF A GERMAN BUYER , WAS FOR ROLLED SHEETS IN DIMENSIONS COMMON IN GERMANY AND THAT ASTURIENNE OBJECTED THAT SUCH DIMENSIONS , WHILE WIDELY SOLD IN GERMANY AND IN FRANCE , WERE NOT IN DEMAND IN BELGIUM . FOLLOWING THAT INCIDENT , SCHILTZ OBTAINED THE SAME SHEETS FROM ASTURIENNE AND RHEINZINK BY LEADING THEM TO BELIEVE THAT THE SHEETS WERE TO BE RE-EXPORTED TO THE MIDDLE EAST AND IN PARTICULAR TO EGYPT . THE PRICES CHARGED BY THE TWO PRODUCERS WERE , HOWEVER , ALMOST IDENTICAL TO , OR VERY CLOSE TO , THOSE WHICH THE SAME PRODUCERS CHARGED FOR THEIR SALES INTENDED FOR THE BELGIAN MARKET .
28 IN THOSE CIRCUMSTANCES , THE CONCLUSION CANNOT BE AVOIDED THAT THE EXPORT CLAUSES WERE ESSENTIALLY DESIGNED TO PREVENT THE RE-EXPORT OF THE GOODS TO THE COUNTRY OF PRODUCTION SO AS TO MAINTAIN A SYSTEM OF DUAL PRICES AND RESTRICT COMPETITION WITHIN THE COMMON MARKET .
29 RHEINZINK ALSO CLAIMS THAT THE AGREEMENT HAS HAD NO APPRECIABLE EFFECT EITHER ON COMPETITION OR ON TRADE BETWEEN THE MEMBER STATES .
30 IT DOES NOT HOWEVER CONTEST THAT , AS FAR AS PRODUCTION OF ZINC SHEET IS CONCERNED , THERE ARE ONLY SIX ROLLING MILLS OF VARIOUS SIZES IN THE COMMON MARKET , OF WHICH RHEINZINK IS THE ONLY ONE IN THE FEDERAL REPUBLIC OF GERMANY . IN THAT KIND OF MARKET SITUATION , IT IS IMPOSSIBLE TO ACCEPT THE ARGUMENT THAT A RESTRICTION OF COMPETITION CONSISTING OF THE ISOLATION OF THE GERMAN MARKET WOULD NOT BE APPRECIABLE .
31 THOSE CONSIDERATIONS LEAD TO THE CONCLUSION THAT THE COMPLAINTS MADE AGAINST ARTICLE 1 ( 2 ) OF THE DECISION MUST BE REJECTED .
C - THE RECIPROCAL ASSISTANCE CONTRACT
32 BY A CONTRACT CONCLUDED ON 5 AUGUST 1974 , ASTURIENNE , RHEINZINK AND VIEILLE MONTAGNE UNDERTOOK TO SUPPLY EACH OTHER WITH ROLLED ZINC PRODUCTS IN THE EVENT OF