CONTENT , AND LABELLING REQUIRED ON THE MANUFACTURER'S HOME MARKET , THEY COULD ALSO BE FOR BITTER MANUFACTURED ACCORDING TO OTHER SPECIFICATIONS REQUIRED ON THE EXPORT MARKET , FOR MANUFACTURERS CAN BUY THE ALCOHOL WITHOUT BEING TAXED , IN ORDER TO EXPORT THE FINISHED PRODUCT . FURTHERMORE , THEY MAY CHANGE THE ALCOHOLIC STRENGTH OR PRESENTATION OF THE PRODUCT WHERE THEY JUDGE THAT THE SIZE OF AN ORDER OR AT ANY RATE THE POSSIBILITY OF STEADY SALES MAKES THE MANUFACTURE OF SUCH A PRODUCT AND THE USE OF NEW LABELS OR BOTTLES PROFITABLE .
4 . THE OBLIGATION TO SUPPLY THE ORIGINAL ITALIAN PRODUCT TO DIPLOMATIC CORPS , SHIP'S VICTUALLERS , FOREIGN ARMED FORCES AND GENERALLY SPEAKING ALL ORGANIZATIONS WITH DUTY-FREE FACILITIES PREVENTS THE LICENSEES FROM SUPPLYING BITTER WHICH THEY HAVE MANUFACTURED THEMSELVES TO THESE CONSUMERS . IN VIEW OF THE LICENSEES' PRODUCTION CAPACITIES , THIS RESTRICTION ALSO HAS AN APPRECIABLE EFFECT .
B . THE EXCLUSIVE RIGHTS GRANTED BY CAMPARI-MILANO PREVENT CAMPARI-MILANO FROM GRANTING OTHER LICENCES WHICH WOULD ENABLE OTHER PARTIES TO USE ITS TRADEMARKS IN THE ALLOTTED TERRITORIES AND TO EXPORT FROM THESE TERRITORIES TO OTHER PARTS OF THE COMMON MARKET . THEY ALSO PREVENT CAMPARI-MILANO ITSELF FROM MANUFACTURING BITTER IN THESE TERRITORIES AND CONSEQUENTLY FROM EXPORTING FROM SUCH TERRITORIES . THE EXCLUSION OF COMPETING PRODUCTS PREVENTS THE LICENSEES FROM MARKETING SUCH PRODUCTS ACROSS BORDERS BETWEEN MEMBER STATES , OR FROM MAKING LICENCE AGREEMENTS IN RELATION TO SUCH PRODUCTS WITH UNDERTAKINGS IN OTHER MEMBER STATES . THE BAN ON ENGAGING IN AN ACTIVE SALES POLICY OUTSIDE THEIR RESPECTIVE TERRITORIES PREVENTS CAMPARI-MILANO AND ITS LICENSEES FROM FREELY DISPOSING THROUGHOUT THE COMMON MARKET OF THE BITTER THEY HAVE MANUFACTURED , RESTRICTING THEM TO THEIR EXCLUSIVE TERRITORIES , AND THUS AFFECTS INTERNATIONAL TRADE IN THE PRODUCT . THE OBLIGATION TO SUPPLY CERTAIN CONSUMERS WITH THE ORIGINAL ITALIAN PRODUCT RATHER THAN THAT WHICH THEY THEMSELVES MANUFACTURE MEANS THAT THE LICENSEES HAVE TO OBTAIN SUPPLIES OF BITTER CAMPARI FROM ITALY AND THUS AFFECTS INTERNATIONAL TRADE IN THE PRODUCT .
THESE RESTRICTIONS MUST BE REGARDED AS LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES INASMUCH AS THEIR EFFECT IS THAT TRADE BETWEEN MEMBER STATES DEVELOPS OTHERWISE THAN IT WOULD HAVE DONE WITHOUT THEM , UNTIL AT THE SAME TIME THEY HAVE A SUBSTANTIAL DEGREE OF INFLUENCE ON MARKET CONDITIONS .
THE AGREEMENTS ARE THEREFORE CAUGHT BY ARTICLE 85 ( 1 ) OF THE TREATY .
C . THE OTHER PROVISIONS OF THE AGREEMENTS ENTERED INTO BY CAMPARI-MILANO AND ITS LICENSEES ARE NOT IN THIS CASE COVERED BY ARTICLE 85 ( 1 ) , BECAUSE THEY HAVE NEITHER THE OBJECT NOR THE EFFECT OF APPRECIABLY RESTRICTING COMPETITION WITHIN THE COMMON MARKET . THIS IS SO FOR THE FOLLOWING PROVISIONS , IN PARTICULAR ,
- THE OBLIGATION UPON EACH LICENSEE TO REFRAIN FROM EXPORTING BITTER CAMPARI DIRECTLY OR INDIRECTLY OUTSIDE THE COMMON MARKET . IT IS TRUE THAT THIS OBLIGATION NOT ONLY ELIMINATES THE FREEDOM OF THE LICENSEES AND THEIR TRADE CUSTOMERS TO DO BUSINESS IN THE