ACCEPTS THAT , IF NO ALTERNATIVE SOLUTION TO THE BONUS SCHEME IS APPLIED , THE OPERATION OF THE DECISION WHICH PROHIBITS THE SCHEME CONSTITUTES A UNILATERAL ADVANTAGE FOR THE MANUFACTURERS TO THE DETRIMENT OF THE RETAILERS .
5 IT CANNOT BE DENIED THAT INDIVIDUAL NEGOTIATION OF ALTERNATIVE BONUS AGREEMENTS WITH MANUFACTURERS AND IMPORTERS WOULD TAKE SOME TIME . UNTIL THE COURT HAS GIVEN JUDGMENT ON THE MAIN APPLICATION , THE CONCLUSION OF SUCH AGREEMENTS MUST BE EXTREMELY UNLIKELY . EVEN IF SUCH AGREEMENTS COULD BE CONCLUDED , IT SHOULD BE BORNE IN MIND THAT THEY WOULD BE NECESSARY ONLY IF IN ITS JUDGMENT ON THE MAIN APPLICATION THE COURT REFUSED TO DECLARE THE DISPUTED DECISION VOID . IF , ON THE OTHER HAND , THE COURT DECLARED THE DECISION VOID IN ITS JUDGMENT ON THE MAIN APPLICATION AFTER ALTERNATIVE AGREEMENTS HAD BEEN NEGOTIATED , IT IS POSSIBLE THAT IN THE MEANTIME THE MARKET STRUCTURE MIGHT HAVE GIVEN RISE TO A SITUATION IN WHICH A RETURN TO THE FORMER POSITION WITH A VIEW TO THE RENEWED APPLICATION OF THE DECISION ON THE DISPUTED BONUSES WAS SO DIFFICULT THAT A JUDGMENT OF THE COURT DECLARING THE DECISION VOID COULD HAVE NO USEFUL EFFECT .
6 SINCE THE POSSIBILITY OF A RETROACTIVE APPLICATION OF THE BONUS SCHEME AFTER THE DISPUTED PROVISIONS HAVE BEEN DECLARED VOID CANNOT BE EXCLUDED , THE SPECIALIST RETAILERS CONCERNED ARE LEFT IN A SITUATION OF UNCERTAINTY , UNTIL JUDGMENT HAS BEEN GIVEN ON THE MAIN APPLICATION , AS TO WHETHER THEY SHOULD CONTINUE TO SATISFY THE CONDITIONS REQUIRED BY THE BONUS SCHEME OR SHOULD INTRODUCE ALTERNATIVE AGREEMENTS AS QUICKLY AS POSSIBLE . IT MAY BE REGARDED AS VERY UNLIKELY THAT THEY WOULD BE ABLE TO SATISFY AT THE SAME TIME THE CONDITIONS LAID DOWN IN THE DISPUTED SCHEME AND THOSE WHICH WOULD BE IMPOSED IN ANY ALTERNATIVE AGREEMENTS .
7 IT IS , THEREFORE , CLEAR THAT THE DISADVANTAGES INHERENT IN THE OPERATION OF THE DISPUTED PROVISIONS BEFORE JUDGMENT HAS BEEN GIVEN ON THE MAIN APPLICATION ARE SUCH AS TO JUSTIFY A SUSPENSION OF THEIR OPERATION .
8 AT THIS STAGE OF THE PROCEEDINGS , COSTS SHOULD BE RESERVED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT ,
BY WAY OF INTERIM DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . THE OPERATION OF ARTICLE 4 OF THE COMMISSION DECISION OF 15 JULY 1982 ( IV/29.525 AND IV/30.000 ) IS SUSPENDED IN SO FAR AS IT RELATES TO THE SPECIALIST RETAILERS ' BONUS SCHEME UNTIL THE COURT HAS GIVEN JUDGMENT ON THE MAIN APPLICATION IN CASE 260/82 .
2.THE COSTS ARE RESERVED .