HAVE BEEN PUT INTO EFFECT BY THE APPLICANTS .
156 AS REGARDS THE STATEMENT BY THE APPLICANTS JUBILE AND VANDER ELST TO THE EFFECT THAT CASH PAYMENT HAS ALWAYS BEEN STRICTLY REQUIRED BY THEM AND THAT THEY WOULD CONTINUE THEIR PRACTICE INDEPENDENTLY OF THE RECOMMENDATION , IT IS RIGHT TO SAY THAT SUCH A MANIFESTATION OF INTENT CANNOT BE TAKEN INTO ACCOUNT IN VIEW OF THE FACT THAT IT HAS BEEN REITERATED SEVERAL TIMES THAT ACCORDING TO ARTICLE 8 OF THE STATUTES OF FEDETAB THE MEMBERS THEREOF MUST ABIDE BY ITS DECISIONS TAKEN PURSUANT TO THE STATUTES .
3 . THE PREVIOUS MEASURES ON OBSERVANCE BY WHOLESALERS AND CERTAIN RETAILERS OF SELLING PRICES LAID DOWN BY MANUFACTURERS , THE RESTRICTION ON THE APPROVAL OF WHOLESALERS IN CERTAIN CATEGORIES , THE BAN ON APPROVED WHOLESALERS ' SUPPLYING CERTAIN OTHER WHOLESALERS AND THE REQUIREMENT ON STOCKING A MINIMUM RANGE OF BRANDS
157 THE AGREEMENT OF 22 MAY 1967 MADE BETWEEN FEDETAB AND THE FNCG FOR A PERIOD OF FIVE YEARS , REINFORCED BOTH BY THE STANDARD AGREEMENT SUBMITTED BY FEDETAB TO APPROVED RETAILERS AND SIGNED BY THEM , AND BY THE ADDITIONAL INTERPRETATIVE AGREEMENTS OF 5 OCTOBER 1967 AND 29 DECEMBER 1970 CONTAINED A SET OF JOINT MEASURES TO WHICH THE APPLICANTS WERE PARTIES AND HAD AS OBJECT ON THE ONE HAND TO PREVENT WHOLESALERS FROM SELLING TO RETAILERS MANUFACTURED TOBACCO PRODUCTS AT PRICES DIFFERING FROM THOSE INDICATED BY THE SUPPLIERS WITHOUT ANY REDUCTION OR BENEFIT OTHER THAN THE RETAILERS ' MARGIN AND FURTHER TO ENSURE THAT RETAILERS STRICTLY OBSERVED THE PRICE STATED ON THE TAX BAND ON THE ULTIMATE SALE TO THE CONSUMER .
158 AS FEDETAB ADMITS IN ITS APPLICATION , THE BASIC OBJECT OF THOSE MEASURES WAS TO PREVENT CUT-PRICE SELLING BY WHOLESALERS AND RETAILERS . ACCORDING TO FEDETAB CUT-PRICE SELLING JEOPARDIZED THE EXISTENCE OF SPECIALIST WHOLESALERS AND RETAILERS , WHOSE DISAPPEARANCE WOULD BE AGAINST THE INTERESTS OF THE CONSUMER . IT FURTHER APPEARS FROM STATEMENTS OF FEDETAB IN ITS APPLICATION THAT THE CONCERN TO PROTECT THOSE TRADERS WAS ALSO BEHIND THE POLICY AFTER 1 JANUARY 1971 OF NOT ALLOWING THE MAXIMUM WHOLESALE TERMS TO NEW APPLICANTS IN CERTAIN CATEGORIES AND IN PARTICULAR TO WHOLESALERS SPECIALIZING IN FOOD .
159 ARTICLE 58 OF THE BELGIAN VAT CODE , WHICH ENTERED INTO FORCE ON 1 JANUARY 1971 AND PROVIDED THAT THE PRICE ON THE TAX BAND MUST BE THE CONSUMER PRICE , HENCEFORTH PROHIBITED ANY REDUCTION IN THE RETAIL PRICE .
160 ON THE OTHER HAND IT IS ADMITTED THAT AS REGARDS WHOLESALERS THE ABOVE-MENTIONED MEASURES WERE RENEWED BY THE STANDARD AGREEMENT , REFERRED TO AS ' ' SPECIAL AGREEMENT ON CUT-PRICE SELLING ' ' SUBMITTED BY FEDETAB TO WHOLESALERS ON 30 JUNE 1972 AND SIGNED BY ALMOST ALL OF THEM . PURSUANT TO THAT AGREEMENT AND FOR A PERIOD OF FIVE YEARS WHOLESALERS UNDERTOOK ON RESALE OF THE PRODUCTS IN QUESTION NOT ONLY TO OBSERVE THE PRICES INDICATED BY THE SUPPLIERS WITHOUT ANY REDUCTION OR BONUS BUT ALSO TO