ARE BASED ON THE PREMISE , WHICH FINDS EXPRESSION IN PARTICULAR IN ARTICLES 87 ( 2 ) ( D ) AND 89 , THAT IT IS FOR THE COMMISSION TO ENSURE THE RULES ON COMPETITION ARE APPLIED BY UNDERTAKINGS AND TO DETERMINE , WHERE NECESSARY , WHETHER THERE HAS BEEN AN INFRINGEMENT OF THOSE RULES .
23 AS IS CLEAR FROM THE RECITALS IN THE PREAMBLE TO REGULATION NO 17 AND FROM ARTICLE 87 ( A ) OF THE TREATY , THE PURPOSE OF REGULATION NO 17 IS TO ENSURE COMPLIANCE WITH THE RULES ON COMPETITION BY UNDERTAKINGS AND , TO THAT END , TO ENABLE THE COMMISSION TO REQUIRE UNDERTAKINGS TO BRING TO AN END ANY INFRINGEMENT WHICH IT ESTABLISHES AND TO IMPOSE FINES AND PERIODIC PENALTY PAYMENTS IN RESPECT OF AN INFRINGEMENT . THE POWER TO TAKE DECISIONS OF SUCH A TYPE NECESSARILY IMPLIES A POWER TO MAKE A FINDING THAT THE INFRINGEMENT IN QUESTION EXISTS .
24 IN REALITY , THE QUESTION RAISED BY THE SECOND SUBMISSION IS THEREFORE NOT WHETHER THE COMMISSION HAS THE COMPETENCE TO TAKE A DECISION ESTABLISHING THE EXISTENCE OF AN INFRINGEMENT OF THE RULES ON COMPETITION BUT WHETHER THE COMMISSION HAD , IN THIS CASE , A LEGITIMATE INTEREST IN TAKING A DECISION DECLARING CONDUCT WHICH HAD ALREADY BEEN TERMINATED BY THE UNDERTAKING CONCERNED TO BE AN INFRINGEMENT .
25 IN THAT CONNECTION THE CONTESTED DECISION STATES THAT EVEN AFTER THE AMENDMENT OF ITS ARTICLES OF ASSOCIATION AND ITS STANDARD AGREEMENT IN NOVEMBER 1980 GVL CONSIDERS ITSELF JUSTIFIED , IN VIEW OF THE UNCERTAIN LEGAL POSITION , IN EXCLUDING ARTISTS NOT HAVING GERMAN NATIONALITY OR NOT RESIDENT IN THE FEDERAL REPUBLIC OF GERMANY FROM AVAILING THEMSELVES OF ITS MANAGEMENT SERVICES . A DECISION IS THEREFORE SAID TO BE NEEDED TO CLARIFY THE LEGAL POSITION BOTH FOR THE BENEFIT OF THE COMPLAINANTS AND IN ORDER TO PREVENT IDENTICAL OR SIMILAR INFRINGEMENTS IN FUTURE ( PARAGRAPH 74 ).
26 ALTHOUGH GVL MADE IT KNOWN IN THE COURSE OF THESE PROCEEDINGS THAT IT REGARDED THE AMENDMENT OF ITS ARTICLES OF ASSOCIATION AND ITS STANDARD AGREEMENT IN NOVEMBER 1980 AS IRREVOCABLE , IT ALSO STATED BOTH DURING THE ADMINISTRATIVE PROCEEDINGS BEFORE THE COURT THAT IT DID NOT CONSIDER ITSELF BOUND BY THAT AMENDMENT AS REGARDS THE CONCLUSION OF MANAGEMENT CONTRACTS WITH ARTISTS WHO WERE NATIONALS OF A NON-MEMBER COUNTRY BUT RESIDENT IN ANOTHER MEMBER STATE . FURTHERMORE , IN THE COURSE OF THE ABOVE-MENTIONED PROCEEDINGS IT STRESSED THAT IT DID NOT CONSIDER ITSELF BOUND BY COMMUNITY LAW TO MAKE THE AMENDMENT AND THAT IT WAS THEREFORE QUITE FREE TO RESUME ITS PREVIOUS PRACTICE .
27 IN THOSE CIRCUMSTANCES THE COMMISSION WAS ENTITLED TO TAKE THE VIEW THAT THERE WAS A REAL DANGER OF A RESUMPTION OF THAT PRACTICE IF GVL ' S OBLIGATION TO TERMINATE IT WERE NOT EXPRESSLY CONFIRMED AND THAT CONSEQUENTLY IT WAS NECESSARY TO CLARIFY THE LEGAL POSITION .
28 IT FOLLOWS FROM THE FOREGOING THAT A LEGITIMATE INTEREST ON THE PART OF