FACT , THE MAINTENANCE OF THE PROVISIONAL PROTECTION FROM WHICH NOTIFIED OLD AGREEMENTS BENEFIT IS NO LONGER JUSTIFIED FROM THE DATE ON WHICH THE COMMISSION INFORMS THE PARTIES CONCERNED THAT IT HAS DECIDED TO CLOSE THE FILE ON THE CASE CONCERNING THEM . THERE IS , THEREFORE , NO LONGER ANY REASON TO RELEASE NATIONAL COURTS , BEFORE WHICH THE DIRECT EFFECT OF THE PROHIBITION IN ARTICLE 85 ( 1 ) IS RELIED UPON , FROM THE DUTY OF GIVING JUDGMENT .
3 . SELECTIVE DISTRIBUTION SYSTEMS CONSTI- TUTE AN ASPECT OF COMPETITION WHICH ACCORDS WITH ARTICLE 85 ( 1 ) OF THE EEC TREATY PROVIDED THAT RE-SELLERS ARE CHOSEN ON THE BASIS OF OBJECTIVE CRITERIA OF A QUALITATIVE NATURE RELATING TO THE QUALIFICATIONS OF THE RE-SELLER , HIS STAFF AND HIS TRADING PREMISES , AND THAT SUCH CONDITIONS ARE LAID DOWN UNIFORMLY FOR ALL POTENTIAL RE-SELLERS AND ARE NOT APPLIED IN A DISCRIMI- NATORY FASHION .
IT FOLLOWS THAT , IN PRINCIPLE , A SELECTIVE DISTRIBUTION NETWORK WHICH RELIES ON TESTS FOR ADMISSION TO THE SYSTEM WHICH GO BEYOND SIMPLE , OBJECTIVE QUALITATIVE SELECTION FALLS WITHIN THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ) ESPECIALLY WHEN IT IS BASED ON QUANTITATIVE SELECTION CRITERIA .
4 . TO DECIDE WHETHER AN AGREEMENT MAY AFFECT TRADE BETWEEN MEMBER STATES IT IS NECESSARY TO DECIDE WHETHER IT IS POSSIBLE TO FORESEE WITH A SUFFICIENT DEGREE OF PROBABILITY ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT THAT THE AGREEMENT IN QUESTION MAY HAVE AN INFLUENCE , DIRECT OR INDIRECT , ACTUAL OR POTENTIAL , ON THE PATTERN OF TRADE BETWEEN MEMBER STATES .
5 . IN ORDER TO DECIDE WHETHER AN AGREEMENT IS TO BE CONSIDERED AS PROHIBITED BY REASON OF THE DISTORTION OF COMPETITION WHICH IS ITS OBJECT OR ITS EFFECT , IT IS NECESSARY TO EXAMINE THE COMPETITION WITHIN THE ACTUAL CONTEXT IN WHICH IT WOULD OCCUR IN THE ABSENCE OF THE AGREEMENT IN DISPUTE . TO THAT END , IT IS APPROPRIATE TO TAKE INTO ACCOUNT IN PARTICULAR THE NATURE AND QUANTITY , LIMITED OR OTHERWISE , OF THE PRODUCTS COVERED BY THE AGREEMENT , THE POSITION AND THE IMPORTANCE OF THE PARTIES ON THE MARKET FOR THE PRODUCTS CONCERNED , AND THE ISOLATED NATURE OF THE DISPUTED AGREEMENT OR , ALTERNATIVELY , ITS POSITION IN A SERIES OF AGREEMENTS . ALTHOUGH NOT NECESSARILY DECISIVE , THE EXISTENCE OF SIMILAR CONTRACTS IS A CIRCUMSTANCE WHICH , TOGETHER WITH OTHERS , IS CAPABLE OF BEING A FACTOR IN THE ECONOMIC AND LEGAL CONTEXT WITHIN WHICH THE CONTRACT MUST BE JUDGED .
Parties
IN CASE 99/79
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK , HAARLEM ( FIRST CHAMBER ), FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFOR THAT COURT BETWEEN
( 1 ) SA LANCOME , PARIS
( 2 ) COSPARFRANCE NEDERLAND BV , WEESP
AND
( 1 ) ETOS BV , ZAANDAM
( 2 )