V MASCHINENBAU ULM GMBH , CASE 56/65 , ( 1966 ) ECR 235 ), THE AGREEMENT FULFILS CERTAIN CONDITIONS DEPENDING LESS ON ITS LEGAL NATURE THAN ON ITS EFFECTS FIRST ON ' ' TRADE BETWEEN MEMBER STATES ' ' AND SECONDLY ON ' ' COMPETITION ' ' .
18 TO DECIDE , ON THE ONE HAND , WHETHER AN AGREEMENT MAY AFFECT TRADE BETWEEN MEMBER STATES IT IS NECESSARY TO DECIDE ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT AND IN PARTICULAR WITH REGARD TO THE CONSEQUENCES OF THE AGREEMENT IN QUESTION ON THE POSSIBILITIES OF PARALLEL IMPORTATION WHETHER IT IS POSSIBLE TO FORESEE WITH A SUFFICIENT DEGREE OF PROBABILITY THAT THE AGREEMENT IN QUESTION MAY HAVE AN INFLUENCE , DIRECT OR INDIRECT , ACTUAL OR POTENTIAL , ON THE PATTERN OF TRADE BETWEEN MEMBER STATES .
19 ON THE OTHER HAND , IN ORDER TO DECIDE WHETHER AN AGREEMENT IS TO BE CONSIDERED AS PROHIBITED BY REASON OF THE DISTORTION OF COMPETITION WHICH IS ITS OBJECT OR ITS EFFECT , IT IS NECESSARY TO CONSIDER THE COMPETITION WITHIN THE ACTUAL CONTEXT IN WHICH IT WOULD OCCUR IN THE ABSENCE OF THE AGREEMENT IN DISPUTE . TO THAT END , IT IS APPROPRIATE TO TAKE INTO ACCOUNT IN PARTICULAR THE NATURE AND QUANTITY , LIMITED OR OTHERWISE , OF THE PRODUCTS COVERED BY THE AGREEMENT , THE POSITION AND THE IMPORTANCE OF THE PARTIES ON THE MARKET FOR THE PRODUCTS CONCERNED , AND THE ISOLATED NATURE OF THE DISPUTED AGREEMENT OR , ALTERNATIVELY , ITS POSITION IN A SERIES OF AGREEMENTS . IN THAT REGARD THE COURT STATED IN ITS JUDGMENT OF 12 DECEMBER 1967 ( IN CASE 23/67 BRASSERIE DE HAECHT ( 1967 ) ECR 407 ) THAT , ALTHOUGH NOT NECESSARILY DECISIVE , THE EXISTENCE OF SIMILAR CONTRACTS IS A CIRCUMSTANCE WHICH , TOGETHER WITH OTHERS , IS CAPABLE OF CONSTITUTING AN ECONOMIC AND LEGAL CONTEXT WITHIN WHICH THE CONTRACT MUST BE JUDGED .
20 IT IS FOR THE NATIONAL COURT TO DECIDE , ON THE BASIS OF ALL THE RELEVANT INFORMATION , WHETHER THE AGREEMENT IN FACT SATISFIES THE REQUIREMENTS NECESSARY FOR IT TO FALL UNDER THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ).
21 CONSEQUENTLY , THE ANSWER TO THE FIRST QUESTION MUST BE THAT THE AGREEMENTS LAYING DOWN A SELECTIVE DISTRIBUTION SYSTEM BASED ON CRITERIA FOR ADMISSION , WHICH GO BEYOND A MERE OBJECTIVE SELECTION OF A QUALITATIVE NATURE , EXHIBIT FEATURES MAKING THEM INCOMPATIBLE WITH ARTICLE 85 ( 1 ) WHERE SUCH AGREEMENTS , EITHER INDIVIDUALLY OR TOGETHER WITH OTHER , MAY , IN THE ECONOMIC AND LEGAL CONTEXT IN WHICH THEY OCCUR AND ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT , AFFECT TRADE BETWEEN MEMBER STATES AND HAVE EITHER AS THEIR OBJECT OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION . IT IS FOR THE COMMISSION ALONE , SUBJECT TO REVIEW BY THE COURT , TO