A LETTER FROM THE COMMISSION OF 18 MARCH 1975 CONCERNING ' ' THE NOTIFICATIONS . . . OF THE RULES OF YOUR ASSOCIATION . . . ' ' , AND ASKING FOR FURTHER INFORMATION ' ' IN ORDER TO PUT THE COMMISSION IN A POSITION TO RULE , WITH ALL THE FACTS OF THE MATTER BEFORE IT , UPON THE COMPATIBILITY OF THE ABOVE-MENTIONED RULES AND AGREEMENTS WITH THE COMPETITION LAW OF THE EUROPEAN ECONOMIC COMMUNITY ' ' . THE ASSOCIATION CONCLUDES FROM THE WORDING OF THAT LETTER THAT THE COMMISSION REGARDED THE RULES AS NOTIFIED IN THEIR ENTIRETY .
5 AFTER 30 OCTOBER 1962 THE ASSOCIATION AMENDED ITS RULES ON SEVERAL OCCASIONS . THE PARTIES IN THE MAIN ACTION ARE NOT IN AGREEMENT AS REGARDS THE EXTENT TO WHICH STRIP-CARTOON BOOKS WERE COVERED BY THE RULES IN THEIR VARIOUS VERSIONS , BUT THE JUDGE MAKING THE REFERENCE ASSUMED THAT THAT WAS THE CASE , EXCEPT DURING A FAIRLY SHORT PERIOD .
6 TAKING INTO ACCOUNT THE CIRCUMSTANCES AND IN ORDER TO GIVE A RULING ON THE OBJECTION RAISED BY THE DEFENDANT IN THE MAIN ACTION , THE JUDGE MAKING THE REFERENCE ASKED THE COURT TO RULE ON FOUR QUESTIONS WHICH ALL CONCERN THE PROVISIONAL VALIDITY OF THE RULES .
7 ARTICLE 177 OF THE TREATY DOES NOT ALLOW THE COURT TO GIVE A RULING ON A SPECIFIC CASE WHEN IT IS CALLED UPON TO INTERPRET COMMUNITY LAW . EVEN THOUGH THE QUESTIONS RAISED IN THESE PROCEEDINGS SEEM TO CONCERN SUCH A CASE , NONE THE LESS THEY MAKE IT POSSIBLE TO IDENTIFY EASILY AND WITHOUT AMBIGUITY THE GENERAL PROBLEMS CONCERNING THE INTERPRETATION OF COMMUNITY LAW WHICH ARE RAISED BY THE DISPUTE .
8 IN FACT , BY HIS FIRST QUESTION , THE JUDGE MAKING THE REFERENCE ASKS WHETHER AN OLD AGREEMENT , THE ENTIRE TEXT OF WHICH WAS ATTACHED TO THE NOTIFICATION FORM , MAY BE REGARDED AS NOTIFIED AND HENCE PROVISIONALLY VALID IN ITS ENTIRETY , EVEN THOUGH ONLY SOME OF THE CLAUSES OF THAT AGREEMENT ARE QUOTED ON THE NOTIFICATION FORM .
9 THIS QUESTION MUST BE CONSIDERED IN THE LIGHT OF THE AIMS OF THE COMMUNITY PROVISIONS ON NOTIFICATION AS DISCLOSED BY THE SECOND AND THIRD RECITALS IN THE PREAMBLE TO REGULATION NO 17 , WHICH STATE :
' ' WHEREAS IN ESTABLISHING THE RULES FOR APPLYING ARTICLE 85 ( 3 ) ACCOUNT MUST BE TAKEN OF THE NEED TO ENSURE EFFECTIVE SUPERVISION AND TO SIMPLIFY ADMINISTRATION TO THE GREATEST POSSIBLE EXTENT ;
WHEREAS IT IS ACCORDINGLY NECESSARY TO MAKE IT OBLIGATORY , AS A GENERAL PRINCIPLE , FOR UNDERTAKINGS WHICH SEEK APPLICATION OF ARTICLE 85 ( 3 ) TO NOTIFY TO THE COMMISSION THEIR AGREEMENTS , DECISIONS AND CONCERTED PRACTICES ;
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10 BY MEANS OF NOTIFICATION THE COMMISSION MUST BE SUPPLIED WITH THE INFORMATION NECESSARY TO ENABLE IT TO TAKE THE DECISIONS PROVIDED FOR IN REGULATION NO 17 . IF THE AGREEMENT HAS BEEN REDUCED TO WRITING AND IF A COPY OF