WHICH FORD AG ' S CIRCULAR OF 27 APRIL 1982 CAME INTO FORCE ( ARTICLE 1 ). FINALLY , THE COMMISSION ORDERS FORD AG TO BRING THE INFRINGEMENT TO AN END ( ARTICLE 2 ).
11 IN THE STATEMENT OF THE REASONS ON WHICH ITS DECISION IS BASED , THE COMMISSION INDICATES THAT THE DECISION CONSIDERS ONLY THE MAIN DEALER AGREEMENT , AS OPERATED BY FORD AG SINCE 1 MAY 1982 , IN THE OPERATION OF WHICH FORD AG NO LONGER SUPPLIES RIGHT-HAND-DRIVE VEHICLES TO ITS GERMAN DEALERS ( PARAGRAPH 28 OF THE DECISION ). THAT TERMINATION OF DELIVERIES MAY , ACCORDING TO THE COMMISSION , BE TAKEN INTO ACCOUNT IN APPLYING ARTICLE 85 OF THE TREATY EVEN THOUGH IT WAS NOT DIRECTLY CAUSED BY THE AGREEMENT BECAUSE THE COMMISSION MUST CONSIDER AN AGREEMENT IN THE ECONOMIC CONTEXT IN WHICH IT HAS BEEN APPLIED ( PARAGRAPH 36 OF THE DECISION ).
12 THE APPLICANTS AND THE COMMISSION ALL AGREE THAT THE MAIN ISSUE IN THIS CASE IS WHETHER THE COMMISSION WAS ENTITLED TO REFUSE AN EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY FOR FORD AG ' S MAIN DEALER AGREEMENT BY REASON OF THE FACT THAT THAT UNDERTAKING HAD DISCONTINUED SUPPLIES OF RIGHT-HAND-DRIVE CARS TO ITS GERMAN DISTRIBUTORS . ACCORDING TO THE APPLICANTS , DISCONTINUANCE OF SUPPLIES OF RIGHT-HAND-DRIVE CARS DOES NOT FALL UNDER THE PROHIBITIONS LAID DOWN IN ARTICLE 85 OF THE TREATY . THE COMMISSION CONTENDS THAT CONSIDERATION OF THE MAIN DEALER AGREEMENT WITH A VIEW TO A POSSIBLE EXEMPTION CANNOT FAIL TO TAKE ACCOUNT OF THE CONTEXT IN WHICH THE AGREEMENT FUNCTIONS AND OF FORD AG ' S CONDUCT , WHICH IS PART OF THAT CONTEXT .
13 SINCE THE VARIOUS SUBMISSIONS RELIED UPON BY THE APPLICANTS ARE RELATED TO THAT PRINCIPAL PROBLEM , IT IS NECESSARY TO EXAMINE IT BEFORE PROCEEDING ANY FURTHER .
( A ) THE UNILATERAL NATURE OF THE UNDERTAKING ' S CONDUCT
14 THE APPLICANTS ' CLAIM THAT THE NECESSITY IN THE AUTOMOBILE INDUSTRY , IN WHICH THE PRODUCTS SOLD ARE TECHNICALLY SOPHISTICATED , TO HAVE RECOURSE TO A SYSTEM OF SELECTIVE DISTRIBUTION HAS BEEN RECOGNIZED BY THE COMMISSION . SUCH A SYSTEM WAS ESTABLISHED BY FORD AG IN THE FORM OF THE MAIN DEALER AGREEMENT WHICH IT ENTERED INTO WITH ITS DEALERS . THAT AGREEMENT IS NO MORE RESTRICTIVE OF COMPETITION THAN ANY OTHER DISTRIBUTION SYSTEM IN THE AUTOMOBILE INDUSTRY . THUS , THE COMMISSION WOULD HAVE BEEN WILLING TO EXEMPT THE AGREEMENT , ON THE BASIS OF ARTICLE 85 ( 3 ) OF THE TREATY , FROM THE APPLICATION OF ARTICLE 85 ( 1 ) WERE IT NOT FOR THE FACT THAT IT WISHED TO PREVENT THE DISCONTINUANCE OF SALES OF RIGHT-HAND-DRIVE CARS BY FORD AG IN GERMANY . IN REALITY , THE CONTESTED DECISION IS NOT CONCERNED WITH THE REVOCATION OF CERTAIN CLAUSES OF THE MAIN DEALER AGREEMENT WHICH ARE ALLEGED TO BE RESTRICTIVE BUT SEEKS RATHER TO RESTORE SALES OF RIGHT-HAND-DRIVE FORD CARS ON THE