ANY COMPETITION , RACE OR COMPARATIVE TEST IN THE UNITED KINGDOM ,
- THE SOCIETY SHOULD MAKE TO THE MEMBER SIGNATORIES A PREFERENTIAL CHARGE FOR SPACE AT EXHIBITIONS HELD BY THE SOCIETY WHICH SHOULD BE LESS THAN THE SPACE CHARGE PAYABLE BY NON-SIGNATORIES ,
- UPON BREACHES OF THE EXHIBITION AGREEMENT MEMBER SIGNATORIES WOULD FORFEIT THEIR RIGHT TO A PREFERENTIAL SPACE CHARGE AND THEY MIGHT AT THE DISCRETION OF THE SOCIETY BE EXCLUDED FROM EXHIBITIONS ORGANIZED BY THE SOCIETY ,
- ANY QUESTION OR DISPUTE THAT MIGHT ARISE AS TO THE MEANING AND EFFECT OF THE EXHIBITION AGREEMENT SHOULD IN THE FIRST INSTANCE BE DECIDED BY THE GENERAL PURPOSES COMMITTEE OF THE SOCIETY FROM WHOSE DECISION APPEAL MIGHT BE MADE TO THE COUNCIL OF THE SOCIETY . THE COUNCIL'S DECISION WOULD BE FINAL AND CONCLUSIVE .
( 6 ) EVERY YEAR THE SMM AND T WOULD DRAW UP A LIST OF GENERAL AND SPECIALIZED EXHIBITIONS AND FAIRS WHICH HAD BEEN APPROVED FOR PARTICIPATION BY MEMBER SIGNATORIES OF THE SMM AND T OR FOR PARTICIPATION BY MEMBER SIGNATORIES BELONGING TO CERTAIN SECTIONS OF THE SOCIETY . UPON APPLICATION PERMISSION TO PARTICIPATE AT PARTICULAR EVENTS MIGHT BE GIVEN BY THE COMMITTEE OF THE RELEVANT TRADE SECTION WITH THE EVENTUAL APPROVAL OF THE GENERAL PURPOSES COMMITTEE OF THE SOCIETY .
( 7 ) IN AUGUST 1979 ANOTHER BRITISH EXHIBITION ORGANIZER , EARLS COURT AND OLYMPIA LTD AND ITS SUBSIDIARY FERNSTON LTD ( EARLS COURT ) , MADE AN APPLICATION TO THE COMMISSION PURSUANT TO ARTICLE 3 OF REGULATION NO 17 . IN ITS COMPLAINT EARLS COURT ALLEGED THAT THE SMM AND T EXHIBITION AGREEMENT AS APPLIED BY THE SOCIETY AND ITS MEMBERS INFRINGED ARTICLES 85 AND 86 OF THE TREATY .
( 8 ) WHEN THE SMM AND T DECIDED TO MOVE THE INTERNATIONAL MOTOR SHOW TO BIRMINGHAM , EARLS COURT DECIDED TO HOLD A LIMITED MOTOR EXHIBITION IN OCTOBER IN LONDON , IN THE YEARS WHERE THE SMM AND T WERE NOT ORGANIZING THEIR INTERNATIONAL MOTOR SHOW . IT WAS ACCORDINGLY DECIDED TO HOLD AT EARLS COURT IN OCTOBER 1977 , FOR THE FIRST TIME , A MOTOR EXHIBITION ALTHOUGH WITH PARTICIPATION OF DEALERS ONLY .
THE EXHIBITION , KNOWN AS " MOTORFAIR 1977 " WAS APPROVED UNDER THE EXHIBITION AGREEMENT BY THE SMM AND T FOR DEALER PARTICIPATION ONLY AND WITH THE EXCLUSION OF CERTAIN TRADE SECTIONS OF THE SOCIETY . THE APPROVAL MEANT THAT MANUFACTURERS AND IMPORTERS WERE ALLOWED TO SUPPORT THE PARTICIPATION AT " MOTORFAIR 1977 " OF THEIR DEALERS WHO WOULD IN ANY EVENT HAVE BEEN FREE TO PARTICIPATE AT THEIR OWN EXPENSE , SINCE THEY COULD NOT BE SIGNATORIES TO THE EXHIBITION AGREEMENT .
( 9 ) WHEN EARLS COURT IN 1978 SOUGHT THE SMM AND T'S APPROVAL UNDER THE EXHIBITION AGREEMENT FOR A " MOTORFAIR 1979 " AS A DEALER EXHIBITION THE SMM AND T REFUSED SUCH APPROVAL . THIS REFUSAL EVENTUALLY LED EARLS COURT TO CANCEL THE PLANNED " MOTORFAIR 1979 " IN SEPTEMBER 1979