TO ANOTHER COMPANY AND THAT FORD OF EUROPE DOES NOT CLAIM THAT IT , AS DISTINCT FROM FORD BRITAIN AND FORD AG , WAS GOING TO SUFFER LOSSES AS A RESULT OF THE APPLICATION OF THE DECISION . IN THOSE CIRCUMSTANCES THE COMMISSION TAKES THE VIEW THAT THE DECISION IS NOT OF DIRECT AND INDIVIDUAL CONCERN TO FORD OF EUROPE .
13 THAT ARGUMENT CANNOT BE ACCEPTED . IF RIGHT-HAND DRIVE CARS MANUFACTURED BY FORD AG AND INTENDED FOR SALE ON THE BRITISH MARKET BY FORD BRITAIN ' S DEALERS ARE SUPPLIED DIRECTLY TO BRITISH CONSUMERS BY THE GERMAN DISTRIBUTION NETWORK , THE PROBLEMS TO WHICH THIS COULD GIVE RISE UNQUESTIONABLY COME WITHIN THE PROVINCE OF THE ACTIVITIES FOR WHICH FORD OF EUROPE IS RESPONSIBLE IN ITS CAPACITY AS COORDINATOR OF MANUFACTURE AND SALES FOR THE COMPANIES BELONGING TO THE FORD GROUP . IT FOLLOWS THAT THE CONTESTED DECISION , ALTHOUGH IT IS ADDRESSED SOLELY TO FORD AG AND RELATES TO THE CIRCULAR WHICH THAT COMPANY SENT TO THE GERMAN FORD DEALERS , IS OF DIRECT AND INDIVIDUAL CONCERN TO FORD OF EUROPE WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY .
14 FORD OF EUROPE ' S APPLICATION IS THEREFORE ADMISSIBLE .
SUBSTANCE OF THE CASE
15 THE APPLICANTS ADMIT THAT THE PURPOSE OF THE CIRCULAR WAS TO ENSURE THAT BRITISH CUSTOMERS WOULD BUY THEIR FORD CARS THROUGH FORD BRITAIN ' S DISTRIBUTION NETWORK AND CONSEQUENTLY TO RESTRICT COMPETITION IN THE COMMON MARKET WITH REGARD TO THE SALE OF FORD VEHICLES TO PERSONS RESIDING IN THE UNITED KINGDOM . NEVERTHELESS THEY CONTEND THAT THAT MEASURE IS NOT , BY ITSELF , CONTRARY TO ARTICLE 85 OR ARTICLE 86 OF THE TREATY AND THAT IT IS NOT SUFFICIENTLY CLOSELY RELATED TO THE NOTIFIED DEALER AGREEMENT FOR IT TO AFFECT THE ASSESSMENT OF THAT AGREEMENT IN THE LIGHT OF THOSE PROVISIONS . IN ANY CASE THE COMMISSION ' S POWERS DO NOT EXTEND TO THE ADOPTION OF AN INTERIM DECISION WHICH RELATES SPECIFICALLY TO THE REFUSAL TO SUPPLY PART OF PRODUCTION TO THE APPOINTED DEALERS . FURTHERMORE THE CONTESTED DECISION DOES NOT SATISFY THE REQUISITE CONDITIONS , AS SET OUT BY THE COURT IN ITS ORDER OF 17 JANUARY 1980 , FOR THE ADOPTION OF INTERIM MEASURES . IN THAT RESPECT THE APPLICANTS SUBMIT THAT THE DECISION WAS NOT INDISPENSABLE IN ORDER TO GUARANTEE THE EFFECTIVENESS OF THE FINAL DECISION AND THAT IT WENT BEYOND THE SCOPE OF A CONSERVATORY MEASURE . SINCE THE CIRCULAR CAUSED NO SERIOUS AND IRREPARABLE DAMAGE TO CONSUMERS , THERE IS , IN ADDITION , NO URGENCY . FINALLY THEY CONTEND THAT THE COMMISSION FAILED TO OBSERVE A NUMBER OF PROCEDURAL GUARANTEES . IN PARTICULAR IT DID NOT GIVE TO TWO BRITISH DEALERS , WHO ARE INTERVENING PARTIES IN THESE CASES , AN OPPORTUNITY TO STATE THEIR VIEWS IN WRITING ALTHOUGH THEY HAD REQUESTED TO BE HEARD AND HAD A SUFFICIENT INTEREST FOR THE PURPOSES OF ARTICLE 19 ( 2 )