THE REQUIREMENT OF NOTIFICATION WHERE THE ONLY PARTIES THERETO ARE UNDERTAKINGS FROM ONE MEMBER STATE AND THE AGREEMENTS DO NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES .
33 IT IS NECESSARY IN THE FIRST PLACE THEREFORE , TO ASCERTAIN WHETHER THE TWO CONDITIONS FOR THE APPLICATION OF ARTICLE 4 ( 2 ) OF REGULATION NO 17 ARE MET , SINCE , IF EITHER OF THOSE CONDITIONS IS NOT SATISFIED , THE AGREEMENT CANNOT QUALIFY FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) UNLESS IT HAS BEEN NOTIFIED IN ACCORDANCE WITH ARTICLE 4 ( 1 ) OF THE SAID REGULATION .
34 IN THAT REGARD IT IS SUFFICIENT TO STATE THAT THE AGREEMENT DOES NOT SATISFY THE CONDITION THAT IT MUST NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES . AS THE COURT HELD IN ITS JUDGMENT OF 3 FEBRUARY 1976 IN CASE 63/75 FONDERIES ROUBAIX-WATTRELOS ( 1976 ) ECR 111 , THAT CONDITION MUST BE INTERPRETED WITH REFERENCE TO THE STRUCTURE OF ARTICLE 4 AND ITS AIM OF SIMPLIFYING ADMINISTRATIVE PROCEDURE , WHICH IT PURSUES BY NOT REQUIRING UNDERTAKINGS TO NOTIFY AGREEMENTS WHICH , WHILST THEY MAY BE COVERED BY ARTICLE 85 ( 1 ), APPEAR IN GENERAL , BY REASON OF THEIR SPECIAL CHARACTERISTICS , TO BE LESS HARMFUL FROM THE POINT OF VIEW OF THE OBJECTIVES OF THAT PROVISION .
35 IN THIS CASE , THE PURPOSE OF THE AGREEMENT IS , AS HAS BEEN ESTABLISHED ABOVE , APPRECIABLY TO RESTRICT PARALLEL IMPORTS INTO BELGIUM OF WASHING MACHINES AND DISHWASHERS AND IT THUS TENDS TO ISOLATE THE BELGIAN MARKET IN A MANNER WHICH IS INCOMPATIBLE WITH THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET . THE AGREEMENT THEREFORE CONCERNS IMPORTS TO AN EXTENT WHICH CANNOT BE REGARDED AS NEGLIGIBLE . ACCORDINGLY , IT CANNOT BE GRANTED EXEMPTION FROM THE REQUIREMENT OF NOTIFICATION PRESCRIBED BY ARTICLE 4 ( 2 ) OF REGULATION NO 17 AND CANNOT , IN DEFAULT OF NOTIFICATION IN CONFORMITY WITH ARTICLE 4 ( 1 ), QUALIFY FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY .
36 IN THAT CONNECTION THE APPLICANTS ALSO MAINTAIN THAT THE DECISION IS IN BREACH OF ARTICLE 190 OF THE TREATY , INASMUCH AS IT DOES NOT STATE IN SUFFICIENT DETAIL TO COMPLY WITH THE LAW THE REASONS FOR THE COMMISSION ' S REFUSAL TO APPLY ARTICLE 85 ( 3 ) OF THE TREATY .
37 THAT SUBMISSION CANNOT BE ACCEPTED EITHER . ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , THE REQUIREMENT THAT A DECISION ADVERSELY AFFECTING A PERSON SHOULD STATE THE REASONS ON WHICH IT IS BASED , LAID DOWN BY ARTICLE 190 OF THE EEC TREATY , IS INTENDED TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH DETAILS SUFFICIENT TO ALLOW HIM TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY A DEFECT WHICH WILL ALLOW ITS LEGALITY TO BE CONTESTED . ACCORDINGLY