BE RESTRICTED , REGARD BEING HAD IN PARTICULAR TO THE REACTION OF CONSUMERS AND TO THE IMPORTANCE OF THE GUARANTEE AS AN INCENTIVE TO BUY THE PRODUCTS .
13 IN ITS JUDGMENT OF 21 FEBRUARY 1984 IN CASE 86/82 ( HASSELBLAD V COMMISSION ( 1984 ) ECR 883 ) THE COURT CONSIDERED IT IMPORTANT THAT THE POSSIBILITY OF OBTAINING PRODUCTS BY MEANS OF PARALLEL IMPORTS SHOULD NOT BE RESTRICTED . AS FAR AS THE GUARANTEE SCHEME WAS CONCERNED , THE COURT ACCEPTED THAT IT WAS ESSENTIAL FOR PARALLEL IMPORTS TO BE FULLY COVERED BY THE MANUFACTURER ' S NORMAL GUARANTEE .
14 A GUARANTEE SCHEME UNDER WHICH A SUPPLIER OF GOODS RESTRICTS THE GUARANTEE TO CUSTOMERS OF HIS EXCLUSIVE DISTRIBUTOR PLACES THE LATTER AND THE RETAILERS TO WHOM HE SELLS IN A PRIVILEGED POSITION AS AGAINST PARALLEL IMPORTERS AND DISTRIBUTORS AND MUST THEREFORE BE REGARDED AS HAVING THE OBJECT OR EFFECT OF RESTRICTING COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE TREATY .
15 THE FACT , INDICATED IN THE DECISION REQUESTING A PRELIMINARY RULING , THAT THE MANUFACTURER TOLERATES THE DISTRIBUTION OF HIS PRODUCTS THROUGH A NETWORK OF PARALLEL IMPORTERS MUST BE CONSIDERED IRRELEVANT , SINCE THE GUARANTEE SCHEME MAY HAVE THE OBJECT OR EFFECT OF BRINGING ABOUT , TO SOME EXTENT , A PARTITIONING OF NATIONAL MARKETS .
16 THE REFUSAL TO GRANT THE GUARANTEE CANNOT BE JUSTIFIED BY THE NEED TO ENSURE OBSERVANCE OF THE MAXIMUM STORAGE PERIOD . THE WATCHES IN QUESTION DO NOT BELONG TO A CATEGORY OF PRODUCTS IN RESPECT OF WHICH IT IS NECESSARY TO ACCEPT CERTAIN RESTRICTIONS WHICH ARE AN INHERENT FEATURE OF A SELECTIVE DISTRIBUTION SYSTEM AND ARE MOTIVATED BY THE DESIRE TO MAINTAIN A NETWORK OF SPECIALIZED DEALERS ABLE TO PROVIDE SPECIFIC SERVICES FOR TECHNICALLY SOPHISTICATED , HIGH-QUALITY PRODUCTS . THE BATTERY IS EXPRESSLY EXCLUDED FROM THE GUARANTEE , ITS REPLACEMENT DOES NOT POSE ANY PARTICULAR TECHNICAL DIFFICULTIES AND , BY ITS OWN ADMISSION , ETA HONOURS THE GUARANTEE WITHIN THE OFFICIAL DISTRIBUTION NETWORK BEYOND THE SIX-MONTH STORAGE PERIOD , SHOULD THE BATTERY NEED TO BE REPLACED . THE FACT THAT , ACCORDING TO THE PARTIES , A DEFECTIVE WATCH CANNOT BE REPAIRED BUT CAN ONLY BE REPLACED IS NOT WITHOUT RELEVANCE IN THIS REGARD .
17 FOLLOWING CONSIDERATION OF THOSE FACTORS , IT WILL BE FOR THE NATIONAL COURT TO DECIDE WHETHER THE GUARANTEE CLAUSE IN THE DISTRIBUTION AGREEMENT MAY AFFECT TRADE BETWEEN MEMBER STATES . AS THE COURT HELD IN THE LANCOME AND L ' OREAL JUDGMENTS CITED ABOVE , IT WILL FOR THAT PURPOSE BE NECESSARY TO DECIDE , ON THE BASIS OF A SET OF OBJECTIVE CRITERIA OF LAW OR OF FACT , HAVING REGARD IN PARTICULAR TO THE CONSEQUENCES OF THE GUARANTEE SCHEME ON THE POSSIBILITIES OF PARALLEL IMPORTATION , WHETHER IT IS POSSIBLE TO FORESEE WITH A SUFFICIENT DEGREE OF PROBABILITY THAT THE AGREEMENT MAY HAVE AN INFLUENCE , DIRECT OR INDIRECT , ACTUAL OR POTENTIAL , ON TRADE BETWEEN