1 .
5ARTICLE 3 ORDERS UBC :
( A ) TO BRING TO AN END WITHOUT DELAY THE INFRINGEMENTS REFERRED TO IN ARTICLE 1 HEREOF , UNLESS IT HAS ALREADY DONE SO OF ITS OWN ACCORD .
( B ) ( I ) TO INFORM ALL ITS DISTRIBUTOR/RIPENERS IN THE BELGO-LUXEMBOURG ECONOMIC UNION , DENMARK , GERMANY , IRELAND AND THE NETHERLANDS THAT IT HAS CEASED TO APPLY THE PROHIBITION ON THE RESALE OF GREEN BANANAS AND INFORM THE COMMISSION THAT IT HAS DONE SO BY NOT LATER THAN 1 FEBRUARY 1976 ;
( II ) TO INFORM THE COMMISSION BY 20 APRIL 1976 AND THEREAFTER TWICE YEARLY NOT LATER THAN 20 JANUARY AND 20 JULY FOR A PERIOD OF TWO YEARS OF THE PRICES CHARGED DURING THE PREVIOUS SIX MONTHS TO CUSTOMERS IN THE BELGO-LUXEMBOURG ECONOMIC UNION , DENMARK , GERMANY , IRELAND AND THE NETHERLANDS .
6UBC ' S MAIN CLAIMS IN ITS APPLICATION ARE THAT THE COURT SHOULD SET ASIDE THE DECISION OF 17 DECEMBER 1975 AND ORDER THE COMMISSION TO PAY UBC MORAL DAMAGES IN THE AMOUNT OF ONE UNIT OF ACCOUNT AND , IN THE ALTERNATIVE , SHOULD , IF THE DECISION BE UPHELD , CANCEL OR AT LEAST REDUCE THE FINE .
7IT PUTS FORWARD EIGHT SUBMISSIONS IN SUPPORT OF ITS CONCLUSIONS :
( 1 ) IT CHALLENGES THE ANALYSIS MADE BY THE COMMISSION OF THE RELEVANT MARKET , AND ALSO OF THE PRODUCT MARKET AND THE GEOGRAPHIC MARKET ;
( 2 ) IT DENIES THAT IT IS IN A DOMINANT POSITION ON THE RELEVANT MARKET WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY ;
( 3 ) IT CONSIDERS THAT THE CLAUSE RELATING TO THE CONDITIONS OF SALE OF GREEN BANANAS IS JUSTIFIED BY THE NEED TO SAFEGUARD THE QUALITY OF THE PRODUCT SOLD TO THE CONSUMER ;
( 4 ) IT INTENDS TO SHOW THAT THE REFUSAL TO CONTINUE TO SUPPLY THE DANISH FIRM TH . OLESEN WAS JUSTIFIED ;
( 5 ) IT TAKES THE VIEW THAT IT HAS NOT CHARGED DISCRIMINATORY PRICES ;
( 6 ) IT TAKES THE VIEW THAT IT HAS NOT CHARGED UNFAIR PRICES ;
( 7 ) IT COMPLAINS THAT THE ADMINISTRATIVE PROCEDURE WAS IRREGULAR ;
( 8 ) IT DISPUTES THE IMPOSITION OF THE FINE AND , IN THE ALTERNATIVE , ASKS THE COURT TO REDUCE IT .
8UBC , AFTER BRINGING THIS ACTION , BY A SEPARATE DOCUMENT MADE AN APPLICATION DATED 18 MARCH 1976 FOR THE ADOPTION OF AN INTERIM MEASURE UNDER ARTICLE 185 OF THE TREATY REQUESTING THE PRESIDENT OF THE COURT TO SUSPEND THE ENFORCEMENT OF ARTICLE 3 ( A ) AND ( B ), PARAGRAPH 1 OF THE DECISION UNTIL A DECISION ON THE APPLICATION FOR ANNULMENT PENDING BEFORE THE COURT HAS BEEN MADE .
9BY AN ORDER OF 5 APRIL 1976 THE PRESIDENT TOOK NOTE OF THE PARTIES ' STATEMENTS CONCERNING THE AMENDMENT OF THE CLAUSE RELATING TO THE RESALE OF BANANAS WHILE STILL GREEN AND MADE THE