NEGOTIATED AND CONCLUDED BY PERSONS WHO , ALTHOUGH APPOINTED BY THE PUBLIC AUTHORITIES , WERE , APART FROM THE TWO APPOINTED DIRECTLY BY THE MINISTER , PROPOSED FOR APPOINTMENT BY THE TRADE ORGANIZATIONS DIRECTLY CONCERNED AND WHO CONSEQUENTLY MUST BE REGARDED AS IN FACT REPRESENTING THOSE ORGANIZATIONS IN THE NEGOTIATION AND CONCLUSION OF THE AGREEMENT .
20 IT MUST BE ADDED THAT AN AGREEMENT MADE BY TWO GROUPS OF TRADERS , SUCH AS THE WINE-GROWERS AND DEALERS , MUST BE REGARDED AS AN AGREEMENT BETWEEN UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS . THE FACT THAT THOSE GROUPS MEET WITHIN AN ORGANIZATION SUCH AS THE BOARD DOES NOT REMOVE THEIR AGREEMENT FROM THE SCOPE OF ARTICLE 85 OF THE TREATY .
21 THE BOARD MAINTAINS , MOREOVER , THAT AGREEMENTS CONCLUDED WITHIN IT ARE NOT BINDING AND THAT ITS ROLE IS SOLELY TO ADVISE THE CENTRAL PUBLIC AUTHORITIES , WHICH ALONE MAY MAKE THE SAID AGREEMENTS BINDING BY MEANS OF MINISTERIAL ORDERS .
22 IT MUST BE POINTED OUT IN THAT RESPECT THAT FOR THE PURPOSES OF ARTICLE 85 ( 1 ) IT IS UNNECESSARY TO TAKE ACCOUNT OF THE ACTUAL EFFECTS OF AN AGREEMENT WHERE ITS OBJECT IS TO RESTRICT , PREVENT OR DISTORT COMPETITION . BY ITS VERY NATURE , AN AGREEMENT FIXING A MINIMUM PRICE FOR A PRODUCT WHICH IS SUBMITTED TO THE PUBLIC AUTHORITIES FOR THE PURPOSE OF OBTAINING APPROVAL FOR THAT MINIMUM PRICE , SO THAT IT BECOMES BINDING ON ALL TRADERS ON THE MARKET IN QUESTION , IS INTENDED TO DISTORT COMPETITION ON THAT MARKET .
23 AS THE DEFENDANT IN THE MAIN PROCEEDINGS AND THE COMMISSION HAVE RIGHTLY CONTENDED , THE ADOPTION OF A MEASURE BY A PUBLIC AUTHORITY MAKING AN AGREEMENT BINDING ON ALL THE TRADERS CONCERNED , EVEN IF THEY WERE NOT PARTIES TO THE AGREEMENT , CANNOT REMOVE THE AGREEMENT FROM THE SCOPE OF ARTICLE 85 ( 1 ).
24 FINALLY , THE NATIONAL COURT ASKS WHETHER THE FACT THAT THE INTER-TRADE AGREEMENT WAS SIGNED BY THE CHAIRMAN OF THE BOARD AFFECTS THE LEGAL NATURE OF THE AGREEMENT FOR THE PURPOSES OF ARTICLE 85 OF THE TREATY .
25 THE FACT THAT THE CHAIRMAN OR DIRECTOR OF A BODY WITHIN WHICH AN AGREEMENT INTENDED TO PREVENT FREE COMPETITION IS CONCLUDED PLACES HIS SIGNATURE AT THE FOOT OF THE AGREEMENT , EVEN THOUGH NATIONAL LAW DOES NOT PROVIDE FOR SUCH A SIGNATURE , DOES NOT AFFECT THE APPLICABILITY TO THE AGREEMENT OF THE PROVISIONS OF ARTICLE 85 ( 1 ) OF THE TREATY .
26 IT FOLLOWS FROM THE FOREGOING THAT THE REPLY WHICH MUST BE GIVEN TO THE FIRST QUESTION IS THAT ARTICLE 85 ( 1 ) OF THE EEC TREATY MUST BE TAKEN TO APPLY TO AN INTER-TRADE AGREEMENT FIXING A MINIMUM PRICE FOR A PRODUCT SUCH AS COGNAC CONCLUDED BY TWO GROUPS OF TRADERS WITHIN THE FRAMEWORK OF , AND IN ACCORDANCE WITH THE PROCEDURES OF , A BODY SUCH AS THE BUREAU NATIONAL INTERPROFESSIONNEL DU COGNAC .
SECOND QUESTION