COURT DISCLOSE THE EXISTENCE OF AGREEMENTS, DECISIONS OR CONCERTED PRACTICES OF THAT KIND IN THE AREA OF ACTIVITIES CONCERNED BY THE QUESTION REFERRED, AND THEN TO DETERMINE WHETHER PROVISIONS SUCH AS THE BELGIAN PROVISIONS AT ISSUE ARE INTENDED TO REINFORCE THE EFFECTS OF SUCH AGREEMENTS, DECISIONS OR CONCERTED PRACTICES, OR HAVE THAT EFFECT .
12 THE DOCUMENTS BEFORE THE COURT SHOW THAT THE BELGIAN PROVISIONS FORM PART OF A STRUCTURE INVOLVING AGREEMENTS AT VARIOUS LEVELS INTENDED TO OBLIGE TRAVEL AGENTS TO OBSERVE THE PRICES OF TOURS FIXED BY TOUR OPERATORS .
13 FIRST OF ALL, ACCORDING TO INFORMATION PROVIDED BY THE COMMISSION, WHICH WAS NOT DISPUTED, IN 1963 THE BELGISCHE BEROEPSVERENIGING VOOR REISBUREAUS ( UNION OF BELGIAN TRAVEL AGENTS, HEREINAFTER REFERRED TO AS THE "BBR ") ADOPTED A CODE OF CONDUCT BINDING ON ITS MEMBERS . ARTICLE 22 OF THAT CODE, THE CONTENT OF WHICH WAS INCORPORATED IN ARTICLE 22 OF THE ROYAL DECREE OF 30 JUNE 1966, AT ISSUE IN THE MAIN PROCEEDINGS, TREATED THE SHARING OF COMMISSIONS WITH CUSTOMERS AND THE GRANTING TO THEM OF PROHIBITED REBATES OR REBATES CONTRARY TO COMMERCIAL USAGE AS UNFAIR COMPETITION .
14 SECONDLY, AGAIN ACCORDING TO THE INFORMATION PROVIDED BY THE COMMISSION, IN 1975 A FRAMEWORK AGREEMENT WAS CONCLUDED WITHIN THE BBR REGARDING COOPERATION BETWEEN THE COUNCIL OF TRAVEL AGENTS AND THE GROUP OF CHARTER FLIGHT OPERATORS BELONGING TO THE BBR . ARTICLE 8*(B ) OF THAT AGREEMENT PROVIDES THAT AN AGENT MAY NOT TRANSFER PART OF HIS COMMISSION TO A THIRD PARTY IN ANY FORM AND MUST OBSERVE THE PRICE AND CONDITIONS OF SALE LAID DOWN BY THE ORGANIZER .
15 WITH REGARD TO CONTRACTUAL RELATIONS BETWEEN TOUR OPERATORS AND TRAVEL AGENTS, THE STANDARD-FORM CONTRACT ATTACHED TO THE OBSERVATIONS OF THE BELGIAN GOVERNMENT PROVIDES UNDER POINT 1 OF THE GENERAL CONDITIONS OF COOPERATION THAT A TOUR OPERATOR "MAY REFUSE TO SELL (( TOURS )) TO AGENTS WHO REFUSE TO COMPLY WITH THE RULES OF COMMERCIAL PRACTICE AND ACT CONTRARY TO THE SPIRIT OF THE LEGISLATION ". THAT WORDING ALLOWS TOUR OPERATORS TO RESCIND THEIR CONTRACTS WITH TRAVEL AGENTS WHO DO NOT OBSERVE THE RULES OF COMMERCIAL PRACTICE APPLICABLE TO THEM, INCLUDING THOSE PROHIBITING THE SHARING OF COMMISSIONS AND THE GRANTING OF REBATES .
16 THE EXISTENCE OF A SYSTEM OF AGREEMENTS INTENDED TO PREVENT SUCH PRACTICES IS CONFIRMED, MOREOVER, BY THE VERY WORDING OF ARTICLE 22 OF THE ROYAL DECREE OF 30 JUNE 1966, AT ISSUE IN THE MAIN PROCEEDINGS . ARTICLE 22*(2)*(D ), CONCERNING THE OBLIGATIONS OF A TRAVEL AGENT "WITH REGARD TO SUPPLIERS", STATES THAT THE AGENT MUST "OBSERVE THE AGREED PROHIBITION ON THE SHARING OF COMMISSIONS WITH CLIENTS ".
17 IT MUST THEREFORE BE CONCLUDED, ON THE BASIS OF THE DOCUMENTS BEFORE THE COURT, THAT WITH REGARD TO THE ACTIVITIES OF TRAVEL AGENTS THERE IS A SYSTEM OF AGREEMENTS BOTH BETWEEN TRAVEL AGENTS THEMSELVES AND BETWEEN AGENTS AND TOUR OPERATORS INTENDED TO OBLIGE AGENTS TO OBSERVE THE PRICES FOR TRAVEL SET BY TOUR OPERATORS, AND HAVING THAT EFFECT