RIPENER/DISTRIBUTORS WHICH DO NOT COMPLY WITH ITS DIRECTIONS , HELD OUT THIS POSSIBILITY AS A THREAT .
156MOREOVER OLESEN UNQUESTIONABLY EXPERIENCED THE HARSH EFFECTS OF THIS CLAUSE AFTER UBC REFUSED TO SUPPLY IT AND IT WANTED TO OBTAIN SUPPLIES OF CHIQUITA BANANAS FROM SCIPIO AND THE DULY APPOINTED DANISH DISTRIBUTORS .
157TO IMPOSE ON THE RIPENER THE OBLIGATION NOT TO RESELL BANANAS SO LONG AS HE HAS NOT HAD THEM RIPENED AND TO CUT DOWN THE OPERATIONS OF SUCH A RIPENER TO CONTACTS ONLY WITH RETAILERS IS A RESTRICTION OF COMPETITION .
158ALTHOUGH IT IS COMMENDABLE AND LAWFUL TO PURSUE A POLICY OF QUALITY , ESPECIALLY BY CHOOSING SELLERS ACCORDING TO OBJECTIVE CRITERIA RELATING TO THE QUALIFICATIONS OF THE SELLER , HIS STAFF AND HIS FACILITIES , SUCH A PRACTICE CAN ONLY BE JUSTIFIED IF IT DOES NOT RAISE OBSTACLES , THE EFFECT OF WHICH GOES BEYOND THE OBJECTIVE TO BE ATTAINED .
159IN THIS CASE , ALTHOUGH THESE CONDITIONS FOR SELECTION HAVE BEEN LAID DOWN IN A WAY WHICH IS OBJECTIVE AND NOT DISCRIMINATORY , THE PROHIBITION ON RESALE IMPOSED UPON DULY APPOINTED CHIQUITA RIPENERS AND THE PROHIBITION OF THE RESALE OF UNBRANDED BANANAS - EVEN IF THE PERISHABLE NATURE OF THE BANANA IN PRACTICE RESTRICTED THE OPPORTUNITIES OF RESELLING TO THE DURATION OF A SPECIFIC PERIOD OF TIME - WHEN WITHOUT ANY DOUBT AN ABUSE OF THE DOMINANT POSITION SINCE THEY LIMIT MARKETS TO THE PREJUDICE OF CONSUMERS AND AFFECTS TRADE BETWEEN MEMBER STATES , IN PARTICULAR BY PARTITIONING NATIONAL MARKETS .
160THUS UBC ' S ORGANIZATION OF THE MARKET CONFINED THE RIPENERS TO THE ROLE OF SUPPLIERS OF THE LOCAL MARKET AND PREVENTED THEM FROM DEVELOPING THEIR CAPACITY TO TRADE VIS-A-VIS UBC , WHICH MOREOVER TIGHTENED ITS ECONOMIC HOLD ON THEM BY SUPPLYING LESS GOODS THAN THEY ORDERED .
161IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT THE CLAUSE AT ISSUE FORBIDDING THE SALE OF GREEN BANANAS INFRINGES ARTICLE 86 OF THE TREATY .
162ON THIS POINT THE CONTESTED DECISION IS THEREFORE JUSTIFIED .
PARAGRAPH 2 . THE REFUSAL TO CONTINUE SUPPLIES TO OLESEN
163THE COMMISSION IS OF THE OPINION THAT UBC HAS INFRINGED ARTICLE 86 OF THE TREATY BY REFUSING TO CONTINUE SUPPLIES OF CHIQUITA BANANAS TO OLESEN FROM 10 OCTOBER 1973 TO 11 FEBRUARY 1975
164ACCORDING TO A TELEX MESSAGE OF 11 OCTOBER 1973 FROM UBC TO OLESEN THESE SUPPLIES WERE DISCONTINUED BECAUSE THE RIPENER/DISTRIBUTOR TOOK PART IN AN ADVERTISING CAMPAIGN MOUNTED DURING OCTOBER 1973 IN DENMARK FOR DOLE BANANAS .
165FOLLOWING THIS DISCONTINUANCE OF SUPPLIES OLESEN APPLIED IN VAIN TO UBC ' S SEVEN OTHER RIPENER/DISTRIBUTORS IN DENMARK AND ALSO TO A COMPANY OF THE SCIPIO GROUP IN HAMBURG FOR GREEN CHIQUITA BANANAS .
166IT HAS SUFFERED CONSIDERABLE DAMAGE AS A RESULT OF THIS SITUATION DUE TO LOSSES OF SALES AND SEVERAL IMPORTANT CUSTOMERS INCLUDING L ' ASSOCIATION DES COOPERATEURS ( F.D.B .) WHICH BOUGHT 50% OF ITS BANANAS .
167ON 11 FEBRUARY 1975 UBC AND OLESEN ENTERED INTO AN AGREEMENT UNDER WHICH UBC UNDERTOOK