A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE GERECHTSHOF, ARNHEM, BY JUDGMENT DATED 18 FEBRUARY 1975, HEREBY RULES :
1 . AN EXCLUSIVE SALES AGREEMENT BETWEEN A MANUFACTURER IN ONE OF THE MEMBER STATES AND A DEALER ESTABLISHED ELSEWHERE IN THE COMMON MARKET FALLS WITHIN ARTICLE 3 OF REGULATION NO 67/67 OF THE COMMISSION WHERE IT PRESCRIBES AN OBLIGATION ON THE PART OF THE MANUFACTURER TO PROHIBIT INTERMEDIARIES AND CONSUMERS ESTABLISHED IN HIS STATE FROM EXPORTING OR CAUSING TO BE EXPORTED THE GOODS IN QUESTION TO THE TERRITORY COVERED BY THE CONTRACT AND WHERE IT HAS THE EFFECT OF RENDERING IT IMPOSSIBLE FOR INTERMEDIARIES AND CONSUMERS ESTABLISHED IN THAT TERRITORY TO ACQUIRE DIRECTLY FROM THE MANUFACTURER'S STATE AN APPRECIABLE QUANTITY OF THE SAID GOODS .
2 . SUCH AN AGREEMENT FALLS WITHIN THE PROVISIONS OF ARTICLE 3 OF REGULATION NO 67/67 EVEN IF THE INTERMEDIARIES AND CONSUMERS ESTABLISHED IN THE TERRITORY COVERED BY THE CONTRACT ENJOY REAL POSSIBILITIES - WHETHER OR NOT THEY TAKE ADVANTAGE THEREOF - OF ACQUIRING THE PRODUCTS TO WHICH THE CONTRACT RELATES IN THE COMMON MARKET OUTSIDE THE MANUFACTURER'S STATE .