VOID .
2 THE APPLICANTS WHO INCLUDE ALL THE ADDRESSEES OF THAT DECISION LISTED IN ARTICLE 4 THEREOF ARE THE NON-PROFIT-MAKING FEDERATION BELGO-LUXEMBOURGEOISE DES INDUSTRIES DU TABAC , BRUSSELS , ( HEREINAFTER REFERRED TO AS ' ' FEDETAB ' ' ), A TRADE ASSOCIATION CONTAINING ALMOST ALL THE BELGIAN AND LUXEMBOURG TOBACCO MANUFACTURERS AND ON AN INDIVIDUAL BASIS SEVEN OF THE MORE IMPORTANT MEMBERS , NAMELY :
- CINTA SA ( HEREINAFTER REFERRED TO AS ' ' CINTA ' ' ), BRUSSELS ,
- ETS . GOSSET SA ( HEREINAFTER REFERRED TO AS ' ' GOSSET ' ' ), BRUSSELS ,
- JUBILE SA , ( HEREINAFTER REFERRED TO AS ' ' JUBILE ' ' ), LIEGE ,
- VANDER ELST SA ( HEREINAFTER REFERRED TO AS ' ' VANDER ELST ' ' ), ANTWERP ,
- WELTAB SA ( HEREINAFTER REFERRED TO AS ' ' WELTAB ' ' ), BRUSSELS ,
- BAT BENELUX SA ( HEREINAFTER REFERRED TO AS ' ' BAT ' ' ), BRUSSELS ,
- HEINTZ VAN LANDEWYCK SARL ( HEREINAFTER REFERRED TO AS ' ' HVL ' ' ), LUXEMBOURG .
3 THE MEASURES CONDEMNED BY THE CONTESTED DECISION AND DESCRIBED BELOW RELATE TO THE DISTRIBUTION OF MANUFACTURED TOBACCO PRODUCTS IN BELGIUM AND MAY BE DIVIDED INTO TWO GROUPS . THERE ARE ON THE ONE HAND CERTAIN DECISIONS TAKEN BY FEDETAB AND CERTAIN AGREEMENTS MADE BY IT WITH OTHER TRADE ASSOCIATIONS IN THE TOBACCO SECTOR DURING THE PERIOD FROM 1 FEBRUARY 1962 TO 1 DECEMBER 1975 AND ON THE OTHER HAND PROVISIONS OF A ' ' RECOMMENDATION ' ' MADE BY FEDETAB IN RELATION TO THE SALE OF CIGARETTES ON THE BELGIAN MARKET AND NOTIFIED BY IT TO THE COMMISSION ON 1 DECEMBER 1975 .
4 SINCE THE APPLICANTS HAVE MADE NUMEROUS SUBMISSIONS RELATING TO THE COURSE OF THE ADMINISTRATIVE PROCEEDINGS WHICH LED UP TO THE CONTESTED DECISION , IT IS USEFUL FIRST OF ALL TO INDICATE THE OUTLINE OF THOSE PROCEEDINGS SO AS TO FACILITATE EXAMINATION OF THE ARGUMENTS PUT FORWARD BY THE PARTIES IN RELATION TO THE SAID SUBMISSIONS .
5 BY A COMPLAINT LODGED ON 2 APRIL 1974 WITH THE COMMISSION UNDER ARTICLE 3 ( 2 ) OF REGULATION NO 17 THE COMPANY GB-INNO-BM ( HEREINAFTER REFERRED TO AS ' ' GB ' ' ), A BELGIAN SUPERMARKET COMPANY , REQUESTED THE COMMISSION TO BRING PROCEEDINGS AGAINST FEDETAB , THE NON-PROFIT-MAKING FEDERATION NATIONALE DU COMMERCE DE GROS EN PRODUITS MANUFACTURES DU TABAC ( HEREINAFTER REFERRED TO AS ' ' FNCG ' ' ) AND THE NON-PROFIT-MAKING ASSOCIATION DES DETAILLANTS DU TABAC ( HEREINAFTER REFERRED TO AS ' ' ATAB ' ' ). FOLLOWING THAT COMPLAINT THE COMMISSION COMMENCED PROCEEDINGS UNDER THE SAID ARTICLE DURING WHICH IT SENT ON 18 JULY 1974 TO FEDETAB , ATAB AND THE NON-PROFIT-MAKING ASSOCIATION NATIONALE DES GROSSISTES ITINERANTS EN PRODUITS MANUFACTURES DU TABAC ( HEREINAFTER REFERRED TO AS ' ' ANGIPMT ' ' ), AN ASSOCIATION CREATED FOLLOWING THE DISSOLUTION OF FNCG , A NOTICE OF