OF THE AGREEMENT AND WERE TO INFORM CONSUMERS THEREOF , IN FACT PRODUCED A SITUATION IN WHICH THE WATER-SUPPLY UNDERTAKINGS IN THE BUILT-UP AREAS OF BRUSSELS , ANTWERP AND GHENT CARRIED OUT CHECKS ON CONSUMERS ' PREMISES TO DETERMINE WHETHER MACHINES CONNECTED TO THE WATER-SUPPLY SYSTEM WERE PROVIDED WITH A CONFORMITY LABEL . THOSE RECOMMENDATIONS THEREFORE DETERMINED THE CONDUCT OF A LARGE NUMBER OF ANSEAU ' S MEMBERS AND CONSEQUENTLY EXERTED AN APPRECIABLE INFLUENCE ON COMPETITION .
22 MOREOVER , ANSEAU AND MIELE CONTEND THAT IN ITS DECISION THE COMMISSION HAS NOT PROVIDED ADEQUATE LEGAL PROOF THAT THE PURPOSE OF THE AGREEMENT WAS TO RESTRICT COMPETITION . IN THAT REGARD THEY MAINTAIN FIRST THAT THE TRUE PURPOSE OF THE AGREEMENT WAS TO ENSURE THAT CONFORMITY CHECKS WERE CARRIED OUT AND TO REDUCE THE ADMINISTRATIVE COSTS INVOLVED AND SECONDLY THAT NOT ALL THE PARTIES INTENDED TO RESTRICT COMPETITION .
23 AS REGARDS THE FIRST PART OF THE APPLICANT ' S ARGUMENT , IT MUST BE STATED THAT THE AGREEMENT , REGARD BEING HAD TO ITS CONTENT , ITS ORIGIN AND THE CIRCUMSTANCES IN WHICH IT WAS IMPLEMENTED , CLEARLY EXPRESSES THE INTENTION OF TREATING PARALLEL IMPORTS LESS FAVOURABLY THAN OFFICIAL IMPORTS WITH A VIEW TO HINDERING THE FORMER .
24 THAT CONCLUSION STEMS , IN THE FIRST PLACE , FROM THE FACT THAT THE AGREEMENT IS BASED ON A SINGLE SYSTEM OF CHECKS INVOLVING THE USE OF CONFORMITY LABELS WHICH REPLACED AN EARLIER SYSTEM OF CHECKS BASED ON LISTS OF AUTHORIZED APPLIANCES , AND THAT ONLY MANUFACTURERS AND SOLE IMPORTERS MAY OBTAIN THOSE LABELS . THAT CONCLUSION IS ALSO BASED ON CERTAIN STATEMENTS MADE BY THE CEG AND BY THE FCAE AT THE PRELIMINARY MEETINGS . DURING THOSE MEETINGS , THE CEG STATED THAT IT WISHED TO OBTAIN FOR ITS MEMBERS PREFERENTIAL TREATMENT AS AGAINST NON-MEMBERS AND THAT IT REGARDED THE PROPOSED AGREEMENT AS A ' ' WEAPON ' ' AGAINST PARALLEL IMPORTS . MOREOVER , THE FCAE EMPHASIZED THAT THE DISADVANTAGE OF THE SYSTEM OF LISTING AUTHORIZED APPLIANCES WAS THAT PARALLEL IMPORTERS ALSO BENEFITED FROM THE VERIFICATION OBTAINED BY THE OFFICIAL IMPORTER WITHOUT HAVING TO SHARE IN THE COSTS . FINALLY , THE INTENTION OF HINDERING PARALLEL IMPORTS IS ALSO APPARENT FROM THE STEPS TAKEN BY THE CEG AND ANSEAU AFTER THE CONCLUSION OF THE AGREEMENT IN ORDER TO PUT DEALERS AND CONSUMERS ON THEIR GUARD AGAINST THE SALE AND PURCHASE RESPECTIVELY OF APPLIANCES NOT BEARING A CONFORMITY LABEL .
25 THEREFORE , THE PURPOSE OF THE AGREEMENT , REGARD BEING HAD TO ITS TERMS , THE LEGAL AND ECONOMIC CONTEXT IN WHICH IT WAS CONCLUDED AND THE CONDUCT OF THE PARTIES , IS APPRECIABLY TO RESTRICT COMPETITION WITHIN THE COMMON MARKET , NOTWITHSTANDING THE FACT THAT IT ALSO PURSUES THE OBJECTIVE OF PROTECTING PUBLIC HEALTH AND REDUCING THE COST OF CONFORMITY CHECKS . THAT FINDING IS NOT INVALIDATED BY THE FACT THAT IT HAS NOT BEEN ESTABLISHED THAT IT WAS THE INTENTION OF ALL THE PARTIES TO THE AGREEMENT