THEREFORE , AT THE VERY LEAST INFRINGED ARTICLE 86 OF THE EEC TREATY THROUGH NEGLIGENCE .
WITH REGARD TO THE DURATION OF THE INFRINGEMENTS , ACCOUNT MUST BE TAKEN OF THE FACT THAT , ALTHOUGH THE WITHDRAWAL OF SUPPLIES OF SPARE PARTS FROM LIPTONS STARTED IN OCTOBER 1972 AND HAS CONTINUED SINCE THAT DATE DESPITE STRENUOUS EFFORTS BY LIPTONS TO OBTAIN SUPPLIES THROUGHOUT THE COMMON MARKET , THE OBLIGATION OF HUGIN UK TO ENSURE THAT IT COMPLIED WITH THE EEC RULES ON COMPETITION IN SO FAR AS LIPTONS WAS CONCERNED , DID NOT COMMENCE UNTIL JANUARY 1973 WHEN THE UNITED KINGDOM ACCEDED TO THE TREATY OF ROME AND BECAME A MEMBER STATE OF THE EUROPEAN ECONOMIC COMMUNITY .
SUCH A CONSIDERATION DOES NOT , HOWEVER , APPLY TO HUGIN AB IN RESPECT OF ITS EXPORT PROHIBITION , BY WHICH MEANS HUGIN AB PREVENTED THE SUPPLY OF SPARE PARTS TO LIPTONS FROM OTHER MEMBER STATES SINCE IT HAS USED DISTRIBUTION AGREEMENTS WITH STANDARD CLAUSES PROHIBITING EXPORTS WHICH HAVE BEEN IN FORCE WITHIN THE COMMON MARKET SINCE AT LEAST FEBRUARY 1972 .
WITH REGARD TO THE GRAVITY OF THE INFRINGEMENT , ACCOUNT MUST BE TAKEN OF THE EFFECT OF THE REFUSAL ON LIPTON ' S VARIOUS ACTIVITIES BOTH IN THE SHORT AND LONG TERM .
THE IMMEDIATE EFFECT WAS TO REMOVE LIPTONS AS A COMPETITOR FROM THE MARKET FOR THE SERVICE AND REPAIR OF NEW HUGIN CASH REGISTERS . WITHOUT AN ASSURED SUPPLY OF SPARE PARTS LIPTONS WAS IMMEDIATELY PREVENTED FROM ENTERING INTO ANY ARRANGEMENTS FOR THE SERVICE OR REPAIR OF SUCH CASH REGISTERS AND IT DID , IN FACT , HAVE TO REFUSE TO DO SO .
WITH REGARD TO THE BUSINESS OF RENTING OUT BOTH NEW AND USED HUGIN CASH REGISTERS , THE IMMEDIATE EFFECT OF THE REFUSAL WAS TO REDUCE THE POSSIBLE VOLUME OF BUSINESS AS LIPTONS WAS LIMITED TO ITS EXISTING STOCK OF SPARE PARTS AND TO THE SPARE PARTS MADE AVAILABLE BY DISMANTLING USED HUGIN CASH REGISTERS . IN THE LONG TERM SUCH BUSINESS WILL EVENTUALLY CEASE .
THE SAME CONSIDERATIONS APPLY TO THE BUSINESSES OF REPAIRING USED HUGIN CASH REGISTERS AND OF RECONDITIONING USED HUGIN CASH REGISTERS FOR RESALE OR FOR RENTING OUT .
IN VIEW OF THE FACT THAT LIPTONS IS HUGIN ' S ONLY KNOWN COMPETITOR IN THE UNITED KINGDOM IN THESE VARIOUS ACTIVITIES , THE IMMEDIATE EFFECT OF SUCH REFUSAL WAS TO DEPRIVE CONSUMERS OF ANY ALTERNATIVE TO THE SERVICING AND REPAIR OF NEW HUGIN CASH REGISTERS BY THE HUGIN SERVICING COMPANIES . COMPETITION IN THE SUPPLY OF NEW AND USED HUGIN CASH REGISTERS FOR RENT AND OF RECONDITIONED MACHINES FOR SALE AND IN THE REPAIR OF HUGIN CASH REGISTERS WAS REDUCED AND WILL EVENTUALLY DISAPPEAR AS A RESULT OF THE REFUSAL .
THE REFUSAL HAS CLEARLY CAUSED LIPTONS TO LOSE SUBSTANTIAL SUMS OF MONEY FOR EACH YEAR SINCE JANUARY 1973 EVEN THOUGH IT MAY NOT BE POSSIBLE ACCURATELY TO QUANTIFY SUCH LOSSES . THE FACTS INDICATE , FOR EXAMPLE , THAT LOSSES