WERE SUSTAINED BY LIPTONS IN THE BUSINESS OF RENTING OUT HUGIN CASH REGISTERS AND AS A RESULT OF DISMANTLING HUGIN CASH REGISTERS FOR SPARE PARTS .
WITH REGARD TO THE WITHDRAWAL OF SUPPLIES FROM LIPTONS , ACCOUNT SHOULD ALSO BE TAKEN OF THE SUDDEN AND UNFORESEEN NATURE OF THIS ACTION , PARTICULARLY IN VIEW OF THE FACT THAT SUPPLIES OF SUCH SPARE PARTS CONTINUED AFTER THE TERMINATION OF THE 1969 MAIN AGENCY AGREEMENT .
WITH REGARD TO THE PROHIBITION ON THE SALE OF SPARE PARTS BY HUGIN AB ' S SUBSIDIARIES AND DISTRIBUTORS , ACCOUNT MUST BE TAKEN OF THE FACT THAT THIS PROHIBITION WAS IMPOSED BY MEANS OF A GENERAL EXPORT PROHIBITION AND THAT IT IS NOW WELL KNOWN THAT SUCH PROHIBITIONS ARE NORMALLY ILLEGAL . IN ADDITION HUGIN AB HAS SO FAR FAILED TO INFORM THE COMMISSION THAT SUCH PROHIBITION HAS BEEN REMOVED . EVEN WHEN THE EXPORT PROHIBITION IS REMOVED THE PROHIBITION ON THE SUPPLY OF SPARE PARTS OUTSIDE THE DISTRIBUTION NETWORK WILL REMAIN .
D . ALTHOUGH HUGIN AB HAS ITS REGISTERED OFFICE OUTSIDE THE COMMON MARKET , IT HAS NUMEROUS SUBSIDIARIES WITHIN THE COMMON MARKET , PARTICULARLY IN THE UNITED KINGDOM . IN THESE CIRCUMSTANCES , FOR THE PAYMENT OF THE FINE THE AMOUNT SHALL BE CONVERTED FROM UNITS OF ACCOUNT TO POUNDS STERLING .
E . THIS DECISION IS TO BE ENFORCEABLE IN ACCORDANCE WITH ARTICLE 192 OF THE EEC TREATY ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
IT IS HEREBY DECLARED THAT HUGIN KASSAREGISTER AB UND HUGIN CASH REGISTERS LTD HAVE INFRINGED ARTICLE 86 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY BY REFUSING TO SUPPLY SPARE PARTS FOR HUGIN CASH REGISTERS TO LIPTONS CASH REGISTERS AND BUSINESS EQUIPMENT LTD FROM 1 JANUARY 1973 AND THAT HUGIN KASSAREGISTER AB HAS ALSO INFRINGED ARTICLE 86 OF THE SAID TREATY BY PROHIBITING ITS SUBSIDIARIES AND DISTRIBUTORS WITHIN THE COMMON MARKET FROM SELLING SUCH SPARE PARTS OUTSIDE ITS DISTRIBUTION NETWORK .
ARTICLE 2
A FINE OF FIFTY THOUSAND ( 50 000 ) UNITS OF ACCOUNT , THAT IS TWENTY THOUSAND EIGHT HUNDRED AND THIRTY-THREE POUNDS STERLING ( POUND ST . 20 833 ), IS IMPOSED ON HUGIN KASSAREGISTER AB AND HUGIN CASH REGISTERS LTD , FOR WHICH SUM THE SAID UNDERTAKINGS SHALL BE JOINTLY AND SEVERALLY LIABLE . THIS SUM IS TO BE PAID TO ' LLOYDS BANK , OVERSEAS BRANCH , 6 EAST CHEAP , LONDON EC4 ' TO THE ACCOUNT OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , ACCOUNT NO 01-08-634 , WITHIN THREE MONTHS OF THE DATE OF THE NOTIFICATION OF THIS DECISION TO THE UNDERTAKINGS TO WHICH IT IS ADDRESSED .
ARTICLE 3
HUGIN KASSAREGISTER AB AND HUGIN CASH REGISTERS LTD SHALL BRING TO AN END WITHOUT DELAY THE INFRINGEMENTS REFERRED TO IN ARTICLE 1 HEREOF , UNLESS THEY HAVE ALREADY DONE SO OF THEIR OWN ACCORD . HUGIN CASH REGISTERS LTD SHALL SUBMIT FOR THE APPROVAL OF THE COMMISSION , WITHIN ONE MONTH OF THE NOTIFICATION OF THIS DECISION ,