DISTRIBUTION STAGE , SINCE EUROPAIR APPLIES A SINGLE PRICE LIST FOR TRANSACTIONS WITH ITS OWN DEALERS AND THE DISTRIBUTION SYSTEM SET UP BY IT PERMITS PARALLEL IMPORTS AS BETWEEN THE VARIOUS TERRITORIES OF THE COMMON MARKET .
CONSEQUENTLY , THE AGREEMENT DOES NOT GIVE THE UNDERTAKINGS CONCERNED THE OPPORTUNITY TO ELIMINATE COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
ALL THE REQUIREMENTS OF ARTICLE 85 ( 3 ) ARE THEREFORE SATISFIED .
IV
THE DECISION IS MADE RETROACTIVE TO 13 MARCH 1962 , AS IS PERMITTED UNDER ARTICLE 6 ( 2 ) AND IS ISSUED FOR A SPECIFIED PERIOD , AS IS REQUIRED UNDER ARTICLE 8 ( 1 ) OF REGULATION N 17 . FOR THE PURPOSE OF FIXING THIS PERIOD , IT CAN BE ASSUMED THAT THE MAIN GROUNDS ON WHICH THE DECISION IS BASED WILL NOT CHANGE AS LONG AS THE SUB-DISTRIBUTION AGREEMENTS FULFIL THE REQUIREMENTS OF REGULATION N 67/67/EEC ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
THE PROVISIONS OF ARTICLE 85 ( 1 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY IS HEREBY DECLARED PURSUANT TO ARTICLE 85 ( 3 ) THEREOF TO BE INAPPLICABLE TO THE EXCLUSIVE DISTRIBUTION AGREEMENT AT PRESENT IN FORCE BETWEEN DURO-DYNE CORPORATION OF NEW YORK AND EUROPAIR INTERNATIONAL SA OF IXELLES , BELGIUM .
ARTICLE 2
THIS DECISION SHALL TAKE EFFECT FROM 13 MARCH 1962 AND SHALL APPLY UNTIL 31 DECEMBER 1982 .
IT IS ADDRESSED TO EUROPAIR INTERNATIONAL SA OF IXELLES ( BELGIUM ) , AND TO DURO-DYNE CORPORATION OF NEW YORK ( USA ) .
DONE AT BRUSSELS , 19 DECEMBER 1974 .
FOR THE COMMISSION
THE PRESIDENT
FRANCOIS-XAVIER ORTOLI