WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION OF THE EUROPEAN COMMUNITIES , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF THE COMMISSION DECISION OF 22 JUNE 1979 CONCERNING AN INVESTIGATION TO BE MADE PURSUANT TO ARTICLE 14 ( 3 ) OF REGULATION NO 17/62 OF THE COUNCIL ,
Grounds
1 BY APPLICATION OF 24 AUGUST 1979 , NATIONAL PANASONIC ( UK ) LIMITED , A COMPANY INCORPORATED IN THE UNITED KINGDOM ( HEREINAFTER REFERRED TO AS ' ' NATIONAL PANASONIC ' ' ), REQUESTS , UNDER ARTICLES 173 AND 174 OF THE EEC TREATY , THE ANNULMENT OF THE COMMISSION DECISION OF 22 JUNE 1979 CONCERNING AN INVESTIGATION TO BE MADE PURSUANT TO ARTICLE 14 ( 3 ) OF REGULATION NO 17/62 OF THE COUNCIL . BY THE SAME APPLICATION , THE APPLICANT REQUESTS IN ADDITION THAT THE COMMISSION SHOULD BE ORDERED TO RETURN TO NATIONAL PANASONIC ALL DOCUMENTS COPIED BY THE OFFICIALS OF THE COMMISSION DURING THAT INVESTIGATION , TO DESTROY THE NOTES MADE AT THAT TIME AND TO UNDERTAKE NOT TO MAKE ANY FURTHER USE OF SUCH DOCUMENTS OR NOTES OR INFORMATION .
2 THE APPLICANT IS A COMPANY FORMED UNDER ENGLISH LAW AND A SUBSIDIARY OF THE JAPANESE MATSUSHITA ELECTRIC INDUSTRIAL COMPANY AND THE EXCLUSIVE DISTRIBUTOR IN THE UNITED KINGDOM OF NATIONAL PANASONIC AND TECHNICS ELECTRONIC GOODS INTENDED FOR SALE TO CONSUMERS . ANOTHER SUBSIDIARY OF THE MATSUSHITA GROUP IS NATIONAL PANASONIC VERTRIEBSGESELLSCHAFT MBH , WHICH IS INCORPORATED IN THE FEDERAL REPUBLIC OF GERMANY AND DISTRIBUTES PANASONIC PRODUCTS IN THAT MEMBER STATE .
3 ON 11 JANUARY 1977 NATIONAL PANASONIC VERTRIEBSGESELLSCHAFT MBH NOTIFIED THE COMMISSION OF AN AGREEMENT RELATING TO THE DISTRIBUTION OF NATIONAL PANASONIC PRODUCTS AND REQUESTING NEGATIVE CLEARANCE OR AN EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY .
4 ALTHOUGH THE NOTIFICATION DID NOT INDICATE WHETHER OR NOT THE AGREEMENT CONTAINED A PROHIBITION ON EXPORTS TO ANOTHER MEMBER STATE , INFORMATION OBTAINED BY THE COMMISSION SHOWED THAT NATIONAL PANASONIC REQUIRED ITS RE-SELLERS NOT TO RE-EXPORT NATIONAL PANASONIC AND TECHNICS PRODUCTS TO OTHER MEMBER STATES .
5 ON THE BASIS OF THAT INFORMATION , THE COMMISSION CONSIDERED THAT IT WAS NECESSARY TO BELIEVE THAT THE APPLICANT HAD PARTICIPATED AND WAS STILL PARTICIPATING IN AGREEMENTS AND CONCERTED PRACTICES CONTRARY TO ARTICLE 85 OF THE EEC TREATY AND THEREFORE DECIDED TO CARRY OUT AN INVESTIGATION PURSUANT TO REGULATION NO 17 OF THE COUNCIL AND MORE PARTICULARLY TO ARTICLE 14 ( 3 ) THEREOF . FOR THAT PURPOSE ON 22 JUNE 1979 IT ADOPTED THE CONTESTED DECISION , ARTICLE 3 OF WHICH PROVIDED INTER ALIA THAT IT WOULD BE NOTIFIED BY BEING HANDED OVER PERSONALLY IMMEDIATELY BEFORE THE INVESTIGATION WAS TO BEGIN TO A REPRESENTATIVE OF THE UNDERTAKING BY THE COMMISSION ' S OFFICIALS AUTHORIZED FOR THE PURPOSES OF THE INVESTIGATION .
6 THE INVESTIGATION IN QUESTION WAS CARRIED OUT ON 27 JUNE 1979 BY