THE SECOND TO QUESTION NO 28 BY MR VAN MIERT ( OFFICIAL JOURNAL 1981 , ANNEX , NO 1-273 , P . 185 ).
27 A STUDY OF THE DECLARATION IN QUESTION SHOWS THAT THE COMMISSION DID NOT AT ANY TIME GIVE AN UNDERTAKING OF THE KIND WHICH THE APPLICANTS ATTRIBUTE TO IT . IT DID NO MORE THAT STATE THAT IT WAS CARRYING OUT INVESTIGATIONS INTO THE VARIOUS MARKETS IN BOOKS WITHIN THE COMMUNITY AND THAT IT HOPED TO RESOLVE THE PROBLEMS ARISING WITH REGARD TO COMPETITION AS A WHOLE . THOSE DECLARATIONS COULD NOT HAVE THE EFFECT OF PREVENTING IT FROM PURSUING AS A MATTER OF PRIORITY ANY PARTICULAR AGREEMENT AS SOON AS IT HAD COMPLETED ITS INQUIRIES THEREON . THIS SUBMISSION ALSO MUST THEREFORE BE DISMISSED .
28 FINALLY IN AN EIGHTH COMPLAINT THE APPLICANTS SUBMIT THAT THE COMMISSION ' S ATTITUDE HAS BEEN INCONSISTENT AND THAT THE RIGHTS OF THE DEFENCE HAVE BEEN INFRINGED INASMUCH AS THE COMMISSION , AFTER RECEIVING SIMULTANEOUSLY THE NOTIFICATION OF THE NATIONAL AGREEMENTS AND OF THE AGREEMENT LINKING THE TWO ASSOCIATIONS , AND AFTER ALLOWING IT TO BE UNDERSTOOD AT A PRELIMINARY STAGE THAT IT WAS INCLUDING ALL THE AGREEMENTS IN ITS INVESTIGATION , SEVERED THE SO-CALLED ' ' TRANSNATIONAL ' ' AGREEMENT FROM THE REMAINDER SO AS TO MAKE IT THE SUBJECT OF A SEPARATE DECISION . THE APPLICANTS POINT OUT THAT , NOTWITHSTANDING , THE DECISION AT ISSUE CONTAINS NUMEROUS REFERENCES TO THE NATIONAL AGREEMENTS AND THEY ATTRIBUTE TO THE COMMISSION AN INTENTION TO BRING THOSE AGREEMENTS TO AN END BY INDIRECT MEANS WITHOUT CALLING THEM OPENLY IN QUESTION , BY ASSAILING THE TRANSNATIONAL AGREEMENT ALONE IN VIEW OF THE FACT THAT THE OPERATION OF THAT AGREEMENT IS A NECESSARY CONDITION FOR THE CONTINUED EXISTENCE OF THE NATIONAL AGREEMENTS .
29 THE COMMISSION CONCEDES THAT THE AGREEMENT AT ISSUE CANNOT ACTUALLY BE ISOLATED FROM ITS CONTEXT AND THAT IT HAS THEREFORE NECESSARILY HAD TO REFER TO THE NATIONAL AGREEMENTS TO THE EXTENT TO WHICH THE TRANSNATIONAL AGREEMENT REFERS TO THEM . IT DENIES , HOWEVER , THAT IT THEREFORE WISHED TO ARRIVE AT AN APPRECIATION AS TO WHETHER THE NATIONAL AGREEMENTS COME WITHIN THE FIELD OF APPLICATION OF COMMUNITY LAW AND , IF THEY DO , WHETHER THEY ARE COMPATIBLE WITH THE PROVISIONS OF THE TREATY .
30 ALTHOUGH THE RELATIONSHIP BETWEEN THE TRANSNATIONAL AGREEMENT ON THE ONE HAND AND THE NATIONAL AGREEMENTS ON THE OTHER IS INDISPUTABLE , THE COMMISSION CANNOT BE CRITICIZED FOR CONCENTRATING ITS ATTENTION ON THE AGREEMENT BETWEEN THE TWO ASSOCIATIONS . ALTHOUGH THE PROVISIONS OF THE TRANSNATIONAL AGREEMENT REFER TO THE NATIONAL AGREEMENTS IN RESPECT OF EACH OF THE THREE ESSENTIAL FEATURES REFERRED TO ABOVE , THE POSITION NEVERTHELESS REMAINS THAT THAT AGREEMENT MAY BE MADE THE SUBJECT OF AN APPRAISAL IN TERMS OF ITS OWN OBJECTIVES AND IT IS NOT NECESSARY AT THE SAME TIME TO EFFECT AN APPRECIATION OF THE NATIONAL AGREEMENTS .
31 MOREOVER , IN PARAGRAPH 1 OF THE RECITALS