ARTICLE 85 ( 1 ) AND THAT THE COMMISSION WAS NOT EMPOWERED TO GRANT AN EXEMPTION PURSUANT TO ARTICLE 85 ( 3 ) SINCE THE CONDITIONS FOR SUCH AN EXEMPTION WERE NOT FULFILLED .
( A ) THE OBLIGATION TO SET UP A SPECIAL DEPARTMENT WITH A TURNOVER COMPARABLE TO THAT OF A SPECIALIST WHOLESALER
36 ALTHOUGH THIS DOUBLE CONDITION IS NOT EXPRESSLY MENTIONED IN THE WORDING OF THE VARIOUS UNDERTAKINGS PLACED BEFORE THE COURT ( AGREEMENT FOR SABA WHOLESALERS IN THE EEC ( EWG-VERPFLICHTUNGSSCHEIN SABA-GROSSHANDLER ); DISTRIBUTION AGREEMENT FOR SABA WHOLESALERS IN GERMANY ( VERPFLICH- TUNGSSCHEIN VERTRIEBSBINDUNG SABA-GROSSHANDLER DEUTSCHLAND ); AGREEMENT FOR SABA SPECIALIST RETAILERS IN THE EEC ( EWG-VERPFLICHTUNGSSCHEIN SABA-FACHEINZELHANDLER ); AND THE COOPERATION AGREEMENT ( KOOPERATIONSVERTRAG )) IT IS CLEAR THAT IT WAS FORMULATED DURING THE PERIOD WHEN METRO ' S COMPLAINT WAS BEING INVESTIGATED , IN PARTICULAR IN A LETTER FROM SABA DATED 20 FEBRUARY 1975 THE CONTENTS OF WHICH WERE NOTIFIED TO THE APPLICANT ON 5 MARCH 1975 .
IT FOLLOWS FROM THIS THAT IT CONSTITUTES A CONDITION PLACED UPON APPOINTMENT AS SABA DISTRIBUTORS IN THE CASE OF WHOLESALERS WHO ARE NOT SPECIALIZED IN THE FIELD OF ELECTRONIC EQUIPMENT AND FORMS PART OF THE GENERAL DISTRIBUTION SYSTEM APPROVED BY THE COMMISSION .
IT IS THEREFORE NECESSARY TO EXAMINE THE SCOPE OF THAT CONDITION WITH REGARD BOTH TO PARAGRAPH ( 1 ) AND TO PARAGRAPH ( 3 ) OF ARTICLE 85 .
37 THE OBLIGATION UPON NON-SPECIALIST WHOLESALERS TO OPEN A SPECIAL DEPARTMENT FOR ELECTRONIC EQUIPMENT FOR THE DOMESTIC LEISURE MARKET IS DESIGNED TO GUARANTEE THE SALE OF THE PRODUCTS CONCERNED UNDER APPROPRIATE CONDITIONS AND ACCORDINGLY DOES NOT CONSTITUTE A RESTRICTION ON COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ).
ON THE OTHER HAND , THE REQUIREMENT TO ACHIEVE A TURNOVER COMPARABLE TO THAT OF A SPECIALIST WHOLESALER EXCEEDS THE STRICT REQUIREMENTS OF THE QUALITATIVE CRITERIA INHERENT IN A SELECTIVE DISTRIBUTION SYSTEM AND IT MUST ACCORDINGLY BE APPRAISED IN THE LIGHT OF ARTICLE 85 ( 3 ).
38 NEVERTHELESS , THAT OBLIGATION IS LINKED IN THE PRESENT CASE TO THE OBLIGATION , REPEATED IN THE COOPERATION AGREEMENTS , TO ACHIEVE AN ADEQUATE TURNOVER , SO THAT IT MUST BE CONSIDERED IN CONJUNCTION WITH THE SAID AGREEMENTS .
( B ) THE OBLIGATIONS MENTIONED AT POINTS ( B ) ( TO PARTICIPATE IN THE CONSOLIDATION OF THE SALES NETWORK ) AND ( D ) ( TO SIGN COOPERATION AGREEMENTS )
39 THE OBLIGATIONS MENTIONED AT POINT ( B ), NAMELY TO PARTICIPATE IN THE CREATION AND CONSOLIDATION OF THE SALES NETWORK , AND AT POINT ( D ), NAMELY TO SIGN COOPERATION AGREEMENTS UNDER WHICH THE WHOLESALER UNDERTAKES TO ACHIEVE A TURNOVER WHICH SABA CONSIDERS TO BE ADEQUATE AND WHICH INVOLVE SIX-MONTHLY SUPPLY CONTRACTS AND OBLIGATIONS RELATING TO STOCKS , EXCEED BOTH THE NORMAL OBLIGATIONS INVOLVED IN RUNNING A WHOLESALE BUSINESS AND THE REQUIREMENTS OF A SELECTIVE DISTRIBUTION SYSTEM BASED ON QUALITATIVE CRITERIA .
THOSE OBLIGATIONS BIND APPOINTED DISTRIBUTORS CLOSELY TO SABA AND MAY ENTAIL