AGREEMENT ALSO RELATES TO RIGHT-HAND DRIVE VEHICLES OF THOSE MODELS , IT APPEARS FROM THEIR STATEMENTS DURING THE HEARING , WITH A DEGREE OF PROBABILITY SUFFICIENT FOR THE PURPOSES OF THIS ORDER , THAT RIGHT-HAND DRIVE VEHICLES PRODUCED BY FORD WERKE AG WERE DISTRIBUTED , IN ANY EVENT PARTLY , TO SATISFY ORDERS PLACED BY ITS DISTRIBUTORS IN THE FEDERAL REPUBLIC OF GERMANY , IN THE CASE OF RIGHT-HAND DRIVE VEHICLES CONSTRUCTED TO GERMAN SPECIFICATIONS . ON THE OTHER HAND , IT IS EQUALLY PROBABLE THAT THE SITUATION WAS DIFFERENT IN THE CASE OF THE SAME VEHICLES BUT CONSTRUCTED TO BRITISH SPECIFICATIONS .
8 IT IS INCONTESTABLE THAT THE PROCEDURE FOLLOWED BY THE COMMISSION RAISES DELICATE QUESTIONS REGARDING THE EXACT SCOPE OF ITS POWERS UNDER THE VARIOUS PROVISIONS OF REGULATION NO 17 . THERE IS NO DOUBT THAT THE COMMISSION HAS AUTHORITY , WHEN REQUIRED TO DECIDE UPON AN APPLICATION FOR EXEMPTION UNDER ARTICLE 85 ( 3 ), TO MAKE SUCH EXEMPTION SUBJECT TO CERTAIN CONDITIONS AND TO REQUIRE AMENDMENTS TO BE MADE TO THE AGREEMENT NOTIFIED . THOSE AMENDMENTS MAY BE DESIGNED NOT ONLY TO REMOVE CERTAIN CLAUSES BUT ALSO TO SUPPLEMENT OR EXTEND THE SCOPE OF THE AGREEMENT IN QUESTION . WHILST THE COMMISSION IS NOT PRIMA FACIE PREVENTED , WHEN EXAMINING AN APPLICATION FOR AN EXEMPTION IN RESPECT OF A DISTRIBUTION NETWORK , FROM MAKING THE GRANT OF THE EXEMPTION CONDITIONAL UPON EXTENSION OF THE RANGE OF PRODUCTS DISTRIBUTED , THE FACT REMAINS THAT CERTAIN QUESTIONS ARISING IN THESE PROCEEDINGS MAY GIVE RISE TO SERIOUS DISPUTE . MOREOVER , THE OBJECTIONS WHICH IT IS POSSIBLE TO RAISE REGARDING THE PROCEDURE SELECTED BY THE COMMISSION CANNOT BE REJECTED WITHOUT FURTHER CONSIDERATION .
9 THE FOREGOING CONSIDERATIONS DO NOT , HOWEVER , OF THEMSELVES JUSTIFY THE SUSPENSION OF THE OPERATION OF THE CONTESTED DECISION AND IT IS APPROPRIATE TO CONSIDER IN ADDITION WHETHER , AS AFFIRMED BY THE APPLICANT , THE UPHOLDING OF THAT DECISION PENDING JUDGMENT BY THE COURT IS LIKELY TO CAUSE IT SERIOUS AND IRREPARABLE DAMAGE .
10 IN THAT RESPECT , THE APPLICANT STATES BY WAY OF A PRELIMINARY OBSERVATION THAT IT IS PART OF THE FORD GROUP , TO WHICH FORD BRITAIN ALSO BELONGS , AND THAT THE ASSESSMENT OF THE DAMAGE WHICH IT CLAIMS WILL OCCUR MUST TAKE INTO ACCOUNT THE INTERESTS OF THE GROUP AS A WHOLE AND ESPECIALLY THE INTERESTS WHICH FORD WERKE AG AND FORD BRITAIN HAVE IN COMMON AND WHICH DERIVE IN PARTICULAR FROM THE FACT THAT FORD BRITAIN IS BY A CLEAR MARGIN FORD WERKE AG ' S LARGEST CUSTOMER . WITHOUT PREJUDICE TO THE JUDGMENT TO BE GIVEN IN THE MAIN ACTION , THAT VIEW MAY BE ACCEPTED , AT THE STAGE OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , AS BEING A NECESSARILY PROVISIONAL , BUT REASONABLE , APPRAISAL OF THE INTERESTS INVOLVED .
11 MOREOVER , AN EVALUATION OF THE FACTORS CAPABLE OF JUSTIFYING SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE ,