SYSTEM WHEREBY THE FRANCHISOR PROVIDES TO THE FRANCHISEE , IN ADDITION TO GOODS , CERTAIN TRADE NAMES , TRADE-MARKS , MERCHANDISING MATERIAL AND SERVICES?
( 2)IF THE FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE : IS COMMISSION REGULATION NO 67/67/EEC OF 22 MARCH 1967 ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF EXCLUSIVE DEALING AGREEMENTS ( BLOCK EXEMPTION ) APPLICABLE TO SUCH CONTRACTS?
( 3)IF THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE :
( A ) IS REGULATION NO 67/67 STILL APPLICABLE IF SEVERAL UNDERTAKINGS WHICH , THOUGH LEGALLY INDEPENDENT , ARE BOUND TOGETHER BY COMMERCIAL TIES AND FORM A SINGLE ECONOMIC ENTITY FOR THE PURPOSES OF THE CONTRACT PARTICIPATE ON ONE SIDE OF THE AGREEMENT?
( B)DOES REGULATION NO 67/67 , AND IN PARTICULAR ARTICLE 2 ( 2 ) ( C ) THEREOF , APPLY TO AN OBLIGATION ON THE PART OF THE FRANCHISEE TO ADVERTISE SOLELY WITH THE PRIOR AGREEMENT OF THE FRANCHISOR AND IN A MANNER THAT IS IN KEEPING WITH THE LATTER ' S ADVERTISING , USING THE PUBLICITY MATERIAL SUPPLIED BY HIM , AND IN GENERAL TO USE THE SAME BUSINESS METHODS? IS IT RELEVANT IN THIS CONNECTION THAT THE FRANCHISOR ' S PUBLICITY MATERIAL CONTAINS PRICE RECOMMENDATIONS WHICH ARE NOT BINDING?
( C)DOES REGULATION NO 67/67 , AND IN PARTICULAR ARTICLES 1 ( 1 ) ( B ), 2 ( 1 ) ( A ) AND 2 ( 2 ) ( B ) THEREOF , APPLY TO AN OBLIGATION ON THE PART OF THE FRANCHISEE TO CONFINE THE SALE OF THE CONTRACT GOODS EXCLUSIVELY OR AT LEAST FOR THE MOST PART TO PARTICULAR BUSINESS PREMISES SPECIALLY ADAPTED FOR THE PURPOSE?
( D)DOES REGULATION NO 67/67 , AND IN PARTICULAR ARTICLE 1 ( 1 ) ( B ) THEREOF , APPLY TO AN OBLIGATION ON THE PART OF THE FRANCHISEE - WHO IS BOUND TO PURCHASE MOST OF HIS SUPPLIES FROM THE FRANCHISOR - TO MAKE THE REST OF HIS PURCHASES OF GOODS COVERED BY THE CONTRACT SOLELY FROM SUPPLIERS APPROVED BY THE FRANCHISOR?
( E)DOES REGULATION NO 67/67 SANCTION AN OBLIGATION ON THE FRANCHISOR TO GIVE THE FRANCHISEE COMMERCIAL , ADVERTISING AND PROFESSIONAL SUPPORT?
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THE FIRST QUESTION
9 PRONUPTIA DE PARIS GMBH , FRANKFURT AM MAIN , THE FRANCHISOR , ARGUES THAT A SYSTEM OF FRANCHISE AGREEMENTS MAKES IT POSSIBLE TO COMBINE THE ADVANTAGES OFFERED BY A FORM OF DISTRIBUTION WHICH PRESENTS A UNIFORM IMAGE TO THE PUBLIC ( SUCH AS A SYSTEM OF SUBSIDIARIES ) WITH THE DISTRIBUTION OF GOODS BY INDEPENDENT RETAILERS WHO THEMSELVES BEAR THE RISKS ASSOCIATED WITH SELLING . THE SYSTEM IS MADE UP OF A NETWORK OF VERTICAL AGREEMENTS INTENDED TO ENSURE UNIFORM PRESENTATION TO THE PUBLIC AND REINFORCES THE FRANCHISOR ' S COMPETITIVE POWER AT THE HORIZONTAL LEVEL , THAT IS TO SAY , WITH REGARD TO OTHER FORMS OF DISTRIBUTION . IT MAKES IT POSSIBLE FOR AN UNDERTAKING WHICH WOULD NOT OTHERWISE HAVE THE NECESSARY FINANCIAL RESOURCES