THE PRESIDENT OF THE COURT SUSPENDED EXECUTION SUBJECT TO THE MAINTENANCE OF THE SECURITY FURNISHED ON 17 MARCH 1982 IN FAVOUR OF THE COMMISSION . THE ORDER MOREOVER EMPHASIZED THAT AEG ' S RESERVATION WAS LAWFUL AND MUST BE ACCEPTED AND THAT THE QUESTION WHETHER OR NOT INTEREST WAS DUE DID INDEED FALL WITHIN THE JURISDICTION OF THE COURT SEISED OF THE MAIN PROCEEDINGS .
I - THE SUBMISSIONS CHALLENGING THE REGULARITY OF THE PROCEEDINGS WHICH LED TO THE ADOPTION OF THE DISPUTED DECISION
A - INSUFFICIENT INVESTIGATION OF THE FACTS
9 AEG CLAIMS THAT THE COMMISSION IGNORED ALL THE FACTORS CAPABLE OF EXPLAINING THE SPECIFIC DETAILS OF THE APPLICATION OF THE SELECTIVE DISTRIBUTION SYSTEM AT THE EUROPEAN COMMUNITY LEVEL AND THAT IT RESTRICTED ITSELF TO IMPOUNDING SOME 500 DOCUMENTS AND TO USING AT THE MOST PASSAGES DRAWN FROM SOME 40 OF SUCH DOCUMENTS .
10 IN THAT CONNECTION IT MUST BE OBSERVED , AS THE COMMISSION RIGHTLY CLAIMS , THAT THE COMMISSION IS BY NO MEANS REQUIRED TO IMPOUND OR COPY FOR THE PURPOSES OF AN INQUIRY ALL THE DOCUMENTS RELATING TO A SELECTIVE DISTRIBUTION SYSTEM . IN FACT ONLY THOSE DOCUMENTS RELATING TO THE IMPROPER APPLICATION OF THE SYSTEM NEED BE CONSIDERED .
B - SELECTION AND USE OF DOCUMENTS ACCORDING TO ARBITRARY CRITERIA
11 ACCORDING TO AEG THOSE OF THE DOCUMENTS TAKEN BY THE COMMISSION DURING THE INSPECTIONS ON 26 AND 27 JUNE 1979 WHICH MIGHT HAVE SERVED TO EXCULPATE IT WERE NOT CONSIDERED . EQUALLY THE COMMISSION DISCARDED CERTAIN CONCLUSIONS WHICH IT ARRIVED AT DURING ITS INQUIRY AND WHICH WERE FAVOURABLE TO AEG , AND USED OTHER EVIDENCE ACCORDING TO ENTIRELY ARBITRARY CRITERIA .
12 IN SUPPORT OF THIS SUBMISSION AEG ADVANCES THE FOLLOWING ALLEGATIONS :
( I ) TO SUPPORT ITS OBJECTION WITH REGARD TO PRICE CONCERTATION , IN POINT ( 28 ) OF THE DECISION , THE COMMISSION RELIED ON INFORMATION SUPPLIED , IN RESPONSE TO A MERE REQUEST FOR INFORMATION , BY MR IFFLI WITHOUT TAKING INTO ACCOUNT THE FACT THAT HE WAS HABITUALLY OPPOSED TO ANY SYSTEM OF SELECTIVE DISTRIBUTION .
( II)IN THE CASE OF THE RATIO STORE THE COMMISSION IGNORED THE FACT THAT THE MANAGERS OF RATIO THEMSELVES ACKNOWLEDGED THAT THEIR SHOP IN KASSEL DID NOT SATISFY THE SPECIALIST TRADE CONDITIONS .
( III ) THE TRADER VERBINNEN NEVER STATED THAT HE HAD BEEN SUBJECTED TO PRESSURE BY ATBG .
( IV)REQUESTS FOR INFORMATION ABOUT AN IMPROPER USE OF THE SYSTEM BY ATBG , ADDRESSED TO BELGIAN TRADERS , RECEIVED NEGATIVE ANSWERS . HOWEVER , NEITHER THE QUESTIONS NOR THE ANSWERS WERE MENTIONED IN THE DECISION .
( V)THE COMMISSION TOOK INTO CONSIDERATION ONLY A SINGLE ONE OF THE MANY DOCUMENTS PRODUCED BY AEG - WHICH IT MOREOVER USED ARBITRARILY - BUT NONE OF THE EVIDENCE WHICH AEG HAD PRESENTED OR OFFERED DURING THE PROCEDURE .
13 IN THIS CONNECTION IT SHOULD BE STRESSED THAT THE CASES IN RESPECT OF WHICH NO OBJECTION HAS BEEN RAISED DO NOT NECESSARILY PROVE