(( 1981 )) ECR 1563, THIS APPLIES TO AN AGREEMENT WHICH MAKES IT POSSIBLE TO FORESEE, ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR OF FACT, WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE, DIRECT OR INDIRECT, ACTUAL OR POTENTIAL, ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN MEMBER STATES AND WHICH HAS AS ITS OBJECT OR EFFECT THE RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET .
15 IN THIS CONNECTION IT MUST BE POINTED OUT THAT ARTICLE 85 ( 1 ) OF THE TREATY EXPRESSLY MENTIONS AS BEING INCOMPATIBLE WITH THE COMMON MARKET AGREEMENTS WHICH "DIRECTLY OR INDIRECTLY FIX PURCHASE OR SELLING PRICES OR ANY OTHER TRADING CONDITIONS ". ACCORDING TO THE JUDGMENT OF THE NATIONAL COURT THE PLAINTIFF IN THE MAIN PROCEEDINGS CONCLUDED WITH OTHER GROWERS AGREEMENTS IDENTICAL TO THE CONTESTED AGREEMENT, AS A RESULT OF WHICH THOSE AGREEMENTS HAVE THE SAME EFFECTS AS A PRICE SYSTEM FIXED BY A HORIZONTAL AGREEMENT . IN SUCH CIRCUMSTANCES THE OBJECT AND EFFECT OF SUCH A PROVISION IS TO RESTRICT COMPETITION WITHIN THE COMMON MARKET .
16 IT MUST NEXT BE OBSERVED THAT THE DISPUTED PROVISION IS RELATED TO ANOTHER PROVISION IN THE SAME AGREEMENT WHICH PROHIBITS THE LICENSEE FROM EXPORTING SEED FOR PROPAGATION . SUCH AN AGREEMENT MAY THEREFORE AFFECT TRADE BETWEEN MEMBER STATES .
17 HOWEVER, IT MUST BE RECALLED THAT AN AGREEMENT IS SUBJECT TO THE PROHIBITION CONTAINED IN ARTICLE 85 ONLY IF IT APPRECIABLY AFFECTS TRADE BETWEEN MEMBER STATES .
18 IN THIS RESPECT IT MUST BE STRESSED THAT THE IMPACT OF THE CONTESTED AGREEMENT ON INTRA-COMMUNITY TRADE DEPENDS, IN PARTICULAR, ON WHETHER IT FORMS PART OF A CLUSTER OF SIMILAR AGREEMENTS CONCLUDED BETWEEN THE BREEDER AND OTHER LICENSEES, ON THE BREEDER' S MARKET SHARE IN RESPECT OF THE SEED CONCERNED AND ON THE ABILITY OF THE PRODUCERS BOUND BY THOSE AGREEMENTS TO EXPORT THAT SEED .
19 IT IS FOR THE NATIONAL COURT TO DECIDE, ON THE BASIS OF THE RELEVANT INFORMATION AT ITS DISPOSAL AND TAKING INTO ACCOUNT THE ECONOMIC AND LEGAL CONTEXT OF THE AGREEMENT OF 26 FEBRUARY 1982, WHETHER THAT AGREEMENT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES TO AN APPRECIABLE DEGREE .
20 THEREFORE, THE ANSWER TO THE SECOND PART OF THE QUESTION REFERRED BY THE NATIONAL COURT MUST BE THAT A PROVISION, IN AN AGREEMENT SUCH AS THAT DESCRIBED ABOVE, WHICH OBLIGES THE GROWER TO COMPLY WITH MINIMUM PRICES FIXED BY THE OTHER PARTY FALLS WITHIN THE PROHIBITION SET OUT IN ARTICLE 85 ( 1 ) OF THE TREATY ONLY IF IT IS FOUND, HAVING REGARD TO THE ECONOMIC AND LEGAL CONTEXT OF THE AGREEMENT CONTAINING THE PROVISION IN QUESTION, THAT THE AGREEMENT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES TO AN APPRECIABLE DEGREE .
Decision on costs
COSTS
21 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS