ORDERED AND THIS MAKES IT IMPOSSIBLE FOR THEM TO TAKE ANY COMPETITIVE ACTION AGAINST THE DIFFERENCE IN PRICES FROM ONE MEMBER STATE TO ANOTHER AND FORCES THEM TO CONFINE THEMSELVES TO THEIR ROLE OF RIPENERS .
137ACCORDING TO THE COMMISSION THESE PROHIBITIONS AND PRACTICES ARE BOTH THE ESSENTIAL CONSTITUENT OF AN OVERALL SYSTEM ENABLING THE APPLICANT TO CONTROL THE ENTIRE MARKETING OF ITS PRODUCT AND TO RESTRICT COMPETITION AND ALSO FORM THE BASIS OF THE THREE OTHER ABUSES FOR WHICH UBC IS BLAMED .
138IT WAS NOT UNTIL THE MONTH ( 31 JANUARY 1976 ) FOLLOWING THE DECISION OF 17 DECEMBER 1975 , WHICH FOUND THAT THE APPLICANT HAD INFRINGED ARTICLE 86 OF THE TREATY , ( AND THEREFORE BEFORE 1 FEBRUARY 1976 , THE LAST DATE FIXED BY THE COMMISSION BY WHICH THE APPLICANT HAD TO INFORM IT THAT IT HAD CEASED TO APPLY THE PROHIBITION ON THE RESALE OF GREEN BANANAS ) THAT THE APPLICANT SENT A CIRCULAR LETTER TO ALL ITS ESTABLISHED CUSTOMERS ON THE RELEVANT MARKET TO THE EFFECT THAT THE OBJECT OF THE CLAUSE HAD NEVER BEEN TO FORBID THE SALE BY A DULY APPOINTED RIPENER TO ANOTHER CHIQUITA RIPENER OF GREEN CHIQUITA BANANAS OR THE RESALE OF UNBRANDED GREEN BANANAS .
139THE APPLICANT POINTS OUT IN ANSWER TO THESE COMPLAINTS THAT THE CLAUSE AT ISSUE WAS WORDED AS FOLLOWS FOR BELGIUM , DENMARK AND THE NETHERLANDS : ' ' BANANAS CAN ONLY BE RESOLD WHEN THEY ARE RIPE ' ' ( THE DANISH CLAUSE STATES THAT ONLY BANANAS OF PICTURE NO 3 CAN BE RESOLD ).
140THE CLAUSE RELATING TO THE NETHERLANDS WAS NOTIFIED TO THE COMMISSION ON 15 NOVEMBER 1968 AS FOLLOWS : ' ' THE SALE OF BANANAS SUPPLIED BY US TO COMPETING RIPENERS IS NOT ALLOWED ' ' .
141THE APPLICANT IS SURPRISED THAT THE COMMISSION DID NOT REQUEST IT TO GIVE THE WORDING OF THE CONDITIONS OF SALE AND IF NECESSARY AMEND IT FOR THE PURPOSE OF CONSIDERING WHETHER THE APPLICANT COULD BE EXEMPTED UNDER ARTICLE 85/3 AND THAT IT TOOK THE COMMISSION SEVEN YEARS TO PREPARE AND FINALIZE ITS DECISION FINDING THAT THERE HAD BEEN AN INFRINGEMENT .
142THE ONLY PURPOSE OF THIS CLAUSE WAS TO PROTECT THE BRAND NAME AND THEREFORE ULTIMATELY THE CONSUMERS BY ENSURING THAT THE QUALITY OF THE PRODUCTS - SELECTED AND LABELLED IN THE TROPICS - IS EXEMPLARY , BY RESERVING THEM FOR EXPERIENCED RIPENERS WHO HAVE ADEQUATE RIPENING INSTALLATIONS , APPLY ADVANCED TECHNICAL METHODS PERFECTED BY UBC ' S ENGINEERS AND ACCEPT THEIR SUPERVISION , AND TO BRING ' ' CHIQUITA ' ' BANANAS ON TO THE MARKET WHEN THEIR QUALITY IS AT ITS PEAK .
142THIS CLAUSE HAS NEVER BEEN UNDERSTOOD AS BEING A PROHIBITION OF EXPORTS AND HAS NEVER BEEN APPLIED NOR ENFORCED AS SUCH .
144THE APPLICANT NEVER INTENDED TO IMPOSE SANCTIONS IN THE EVENT OF NON- COMPLIANCE .
145FURTHERMORE DEALERS IN BANANAS SELL AN EXTREMELY PERISHABLE SEMI-FINISHED PRODUCT WHICH OWING TO ITS NATURE MUST BE RIPENED IMMEDIATELY RATHER THAN