. SUCH AGREEMENTS HAVE THE OBJECT AND EFFECT OF RESTRICTING COMPETITION BETWEEN TRAVEL AGENTS . THAT IS TO SAY, THEY PREVENT TRAVEL AGENTS FROM COMPETING ON PRICES BY DECIDING, ON THEIR OWN INITIATIVE, TO PASS ON TO THEIR CUSTOMERS SOME PORTION OF THE COMMISSION WHICH THEY RECEIVE .
18 FURTHERMORE, SUCH AGREEMENTS MAY AFFECT TRADE BETWEEN MEMBER STATES IN SEVERAL RESPECTS . FIRST OF ALL, TRAVEL AGENTS OPERATING IN ONE MEMBER STATE MAY SELL TRAVEL ORGANIZED BY TOUR OPERATORS ESTABLISHED IN OTHER MEMBER STATES . SECONDLY, THESE AGENTS MAY SELL TRAVEL TO CUSTOMERS RESIDING IN OTHER MEMBER STATES . THIRDLY, THE TRAVEL IN QUESTION IS OFTEN TO OTHER MEMBER STATES .
19 THE BELGIAN GOVERNMENT DENIED THAT ARTICLE 85*(1 ) CAN APPLY TO THE RELATIONSHIP BETWEEN A TOUR OPERATOR AND A TRAVEL AGENT, ARGUING THAT THE RELATIONSHIP IS ONE OF PRINCIPAL AND AGENT . A TRAVEL AGENT MUST THEREFORE BE REGARDED AS AN AUXILIARY ORGAN OF THE TOUR OPERATOR . IN SUPPORT OF ITS ARGUMENT THE BELGIAN GOVERNMENT EMPHASIZED THAT A TRAVEL AGENT DOES NOT ENTER INTO CONTRACTS WITH CLIENTS IN HIS OWN NAME BUT IN THE NAME AND ON BEHALF OF THE TOUR OPERATOR ORGANIZING THE TRAVEL IN QUESTION .
20 HOWEVER, A TRAVEL AGENT OF THE KIND REFERRED TO BY THE NATIONAL COURT MUST BE REGARDED AS AN INDEPENDENT AGENT WHO PROVIDES SERVICES ON AN ENTIRELY INDEPENDENT BASIS . HE SELLS TRAVEL ORGANIZED BY A LARGE NUMBER OF DIFFERENT TOUR OPERATORS AND A TOUR OPERATOR SELLS TRAVEL THROUGH A VERY LARGE NUMBER OF AGENTS . CONTRARY TO THE BELGIAN GOVERNMENT' S SUBMISSIONS, A TRAVEL AGENT CANNOT BE TREATED AS AN AUXILIARY ORGAN FORMING AN INTEGRAL PART OF A TOUR OPERATOR' S UNDERTAKING .
21 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT AGREEMENTS SUCH AS THOSE AT ISSUE IN THE MAIN PROCEEDINGS ARE INCOMPATIBLE WITH ARTICLE 85*(1 ) OF THE TREATY .
22 IT REMAINS TO BE DETERMINED WHETHER PROVISIONS SUCH AS THOSE AT ISSUE BEFORE THE NATIONAL COURT, VIEWED IN THIS CONTEXT, ARE OF SUCH A NATURE AS TO REINFORCE THE EFFECTS OF THE AGREEMENTS BETWEEN TRAVEL AGENTS AND TOUR OPERATORS .
23 FIRST OF ALL, BY TRANSFORMING AN ORIGINALLY CONTRACTUAL PROHIBITION INTO A LEGISLATIVE PROVISION A PROVISION SUCH AS ARTICLE 22 OF THE ROYAL DECREE OF 1966 REINFORCES THE EFFECT OF THE AGREEMENTS IN QUESTION BETWEEN THE PARTIES, INASMUCH AS THE RULE ACQUIRES A PERMANENT CHARACTER AND CAN NO LONGER BE RESCINDED BY THE PARTIES . SECONDLY, BY TREATING THE FAILURE TO OBSERVE AGREED PRICES AND TARIFFS OR THE PROHIBITION ON THE SHARING OF COMMISSIONS WITH CLIENTS AS CONTRARY TO FAIR COMMERCIAL PRACTICE IT ALLOWS TRAVEL AGENTS WHO COMPLY WITH THE AGREED RULES OF COMMERCIAL PRACTICE TO BRING PROCEEDINGS FOR A RESTRAINING ORDER AGAINST TRAVEL AGENTS WHO ARE NOT PARTY TO THE AGREEMENT AND DO NOT COMPLY WITH THOSE RULES . THIRDLY, WITH REGARD BOTH TO PARTIES TO THE AGREEMENTS AND TO THIRD PARTIES THE POSSIBLE WITHDRAWAL OF THE LICENCE TO OPERATE AS A TRAVEL AGENT IN THE