EXCLUSIVELY TO HOLDERS OF A PERSONAL PURCHASER ' S CARD WHICH MAKES IT POSSIBLE NOT ONLY TO ESTABLISH THE NAME OF THE CUSTOMER BUT ALSO TO CHECK WHETHER THE HOLDER IS A NATURAL OR LEGAL PERSON RUNNING A COMMERCIAL , SMALL CRAFT OR INDUSTRIAL UNDERTAKING .
FURTHERMORE , IN ORDER TO CONFORM WITH GERMAN LEGISLATION , AT ANY RATE IN THE ' NON-FOOD ' DEPARTMENT , A CHECK IS MADE BEFORE THE GOODS ARE REMOVED IN ORDER TO ASCERTAIN WHETHER THEY HAVE BEEN BOUGHT FOR RESALE OR FOR TRADE OR COMMERCIAL USE IN THE PURCHASER ' S UNDERTAKING AND NOT FOR HIS PRIVATE REQUIREMENTS .
THE CHECK REQUIRED UNDER THE COOPERATION AGREEMENT HAS SUBSTANTIALLY THE SAME SCOPE , EXCEPT THAT THAT AGREEMENT OBLIGES THE WHOLESALER TO REQUIRE THE PURCHASER TO SIGN A DECLARATION TO THE EFFECT THAT THE PURCHASE WAS MADE FOR TRADE OR PROFESSIONAL PURPOSES .
IN THOSE CIRCUMSTANCES IT DOES NOT APPEAR THAT THAT EXTRA REQUIREMENT IS UNREASONABLE OR THAT IT CONSTITUTES A SERIOUS OBSTACLE WHICH IS INCOMPATIBLE WITH THE VERY NATURE OF THE SELF-SERVICE WHOLESALE TRADE , WHEN REGARD IS HAD TO THE OPPORTUNITIES FOR ABUSE AFFORDED MERELY BY THE EXTENSION OF THE OPPORTUNITIES OF SALE FOR PURPOSES OTHER THAN RESALE .
THIS FINDING IS STRENGTHENED BY THE FACT THAT THE OBLIGATION IMPOSED DOES NOT REQUIRE A PERSONAL CHECK TO THE EFFECT THAT PURCHASERS FULFIL THE OBLIGATIONS WHICH THEY UNDERTAKE .
( 4 ) THE OBLIGATION UPON WHOLESALERS TO PARTICIPATE IN THE DEVELOPMENT OF THE SABA DISTRIBUTION NETWORK BY SIGNING COOPERATION AGREEMENTS
34 ACCORDING TO PARAGRAPH 9 OF THE DECISION APPOINTMENT AS A SABA WHOLESALER IN THE FEDERAL REPUBLIC OF GERMANY OR WEST BERLIN IS SUBJECT TO THE FOLLOWING CONDITIONS : ' SABA HAS INFORMED THE COMMISSION THAT IN PRINCIPLE IT IS WILLING TO SUPPLY ANY WHOLESALER IN THE FEDERAL REPUBLIC OF GERMANY OR WEST BERLIN WHO :
( A ) KEEPS A SPECIALIZED SHOP , I.E . ONE WHERE OVER 50 % OF THE TURNOVER RELATES TO THE SALE OF RADIO , TELEVISION , TAPE-RECORDING OR OTHER ELECTRICAL EQUIPMENT , OR
HAS SET UP A DEPARTMENT SPECIALIZING IN THE WHOLESALE OF RADIO , TELEVISION AND TAPE-RECORDING EQUIPMENT WITH A TURNOVER COMPARABLE TO THAT OF A WHOLESALER SPECIALIZING IN ELECTRONIC EQUIPMENT FOR LEISURE PURPOSES ;
( B ) PARTICIPATES IN THE CREATION AND CONSOLIDATION OF THE SABA SALES NETWORK ;
( C ) PARTICIPATES IN THE SABA SERVICE SYSTEM AND HAS IN PARTICULAR A QUALIFIED STAFF TO GIVE PROPER ADVICE AND SUPPLY TECHNICAL SERVICE TO CUSTOMERS ;
( D ) SIGNS THE SABA COOPERATION AGREEMENT ;
( E ) SIGNS THE SABA AGREEMENTS AND COMPLIES WITH THE PROVISIONS OF THE DISTRIBUTION AGREEMENT RELEVANT FOR THEIR AREA . '
35 THE APPLICANT MAINTAINS THAT THE OBLIGATIONS MENTIONED AT POINTS ( A ) ( RELATING TO A SPECIALIZED SHOP OR DEPARTMENT ), ( B ) ( CONSOLIDATION OF THE SABA NETWORK ) AND ( D ) ( COOPERATION AGREEMENTS ) CONSTITUTE RESTRICTIONS ON COMPETITION WHICH ARE PROHIBITED PURSUANT TO