BE RECALLED THAT UNDER ARTICLE 9 ( 1 ) OF REGULATION NO 17 CITED ABOVE THE COMMISSION HAS SOLE POWER , SUBJECT TO REVIEW BY THE COURT , TO DECLARE THE PROVISIONS OF ARTICLE 85 ( 1 ) OF THE TREATY INAPPLICABLE PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY . THE JURISDICTION OF THE NATIONAL COURTS IS RESTRICTED TO DETERMINING WHETHER THE AGREEMENT , DECISION OR CONCERTED PRACTICE WHICH IS THE SUBJECT OF THE ACTION BEFORE THEM IS IN ACCORDANCE WITH ARTICLE 85 ( 1 ) AND , IF APPROPRIATE , TO DECLARING THE AGREEMENT , DECISION OR PRACTICE IN QUESTION VOID UNDER ARTICLE 85 ( 2 ).
14 IT IS THEREFORE IN RELATION TO THOSE PROVISIONS THAT THE NATIONAL COURT WILL HAVE TO EXAMINE THE VALIDITY OF L ' OREAL ' S DISTRIBUTION SYSTEM . IT IS FOR THE COURT OF JUSTICE TO PROVIDE IT FOR THIS PURPOSE WITH THE POINTS OF INTERPRETATION OF COMMUNITY LAW , WHICH WILL ENABLE IT TO REACH A DECISION .
15 AS THE COURT OBSERVED IN ITS JUDGMENT OF 25 OCTOBER 1977 ( CASE 26/76 , METRO V COMMISSION ( 1977 ) ECR 1875 ), SELECTIVE DISTRIBUTION SYSTEMS CONSTITUTE AN ASPECT OF COMPETITION WHICH ACCORDS WITH ARTICLE 85 ( 1 ) PROVIDED THAT RE-SELLERS ARE CHOSEN ON THE BASIS OF OBJECTIVE CRITERIA OF A QUALITATIVE NATURE RELATING TO THE TECHNICAL QUALIFICATIONS OF THE RE-SELLER AND HIS STAFF AND THE SUITABILITY OF HIS TRADING PREMISES AND THAT SUCH CONDITIONS ARE LAID DOWN UNIFORMLY FOR ALL POTENTIAL RE-SELLERS AND ARE NOT APPLIED IN A DISCRIMINATORY FASHION .
16 IN ORDER TO DETERMINE THE EXACT NATURE OF SUCH ' ' QUALITATIVE ' ' CRITERIA FOR THE SELECTION OF RE-SELLERS , IT IS ALSO NECESSARY TO CONSIDER WHETHER THE CHARACTERISTICS OF THE PRODUCT IN QUESTION NECESSITATE A SELECTIVE DISTRIBUTION SYSTEM IN ORDER TO PRESERVE ITS QUALITY AND ENSURE ITS PROPER USE , AND WHETHER THOSE OBJECTIVES ARE NOT ALREADY SATISFIED BY NATIONAL RULES GOVERNING ADMISSION TO THE RE-SALE TRADE OR THE CONDITIONS OF SALE OF THE PRODUCT IN QUESTION . FINALLY , INQUIRY SHOULD BE MADE AS TO WHETHER THE CRITERIA LAID DOWN DO NOT GO BEYOND WHAT IS NECESSARY . IN THAT REGARD IT SHOULD BE RECALLED THAT IN CASE 26/76 , METRO V COMMISSION CITED ABOVE , THE COURT CONSIDERED THAT THE OBLIGATION TO PARTICIPATE IN THE SETTING UP OF A DISTIBUTION SYSTEM , COMMITMENTS RELATING TO THE ACHIEVEMENT OF TURNOVERS AND OBLIGATIONS RELATING TO MINIMUM SUPPLY AND TO STOCKS EXCEEDED THE REQUIREMENTS OF A SELECTIVE DISTRIBUTION SYSTEM BASED ON QUALITATIVE REQUIREMENTS .
17 WHEN ADMISSION TO A SELECTIVE DISTRIBUTION NETWORK IS MADE SUBJECT TO CONDITIONS WHICH GO BEYOND SIMPLE OBJECTIVE SELECTION OF A QUALITATIVE NATURE AND , IN PARTICULAR , WHEN IT IS BASED ON QUANTITATIVE CRITERIA , THE DISTRIBUTION SYSTEM FALLS IN PRINCIPLE WITHIN THE PROHIBITION IN ARTICLE 85 ( 1 ), PROVIDED THAT , AS THE COURT OBSERVED IN ITS JUDGMENT OF 30 JUNE 1966 ( SOCIETE TECHNIQUE MINIERE