85 ( 1 ) INAPPLICABLE , PROVIDED FOR IN ARTICLE 85 ( 3 ), MAY BE ADOPTED BY THE COMMISSION EITHER IN THE FORM OF AN INDIVIDUAL DECISION IN RESPECT OF A SPECIFIC AGREEMENT UNDER COUNCIL REGULATION NO 17 OF 6 FEBRUARY 1962 , THE FIRST REGULATION IMPLEMENTING ARTICLES 85 AND 86 OF THE TREATY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-62 , P . 87 ) OR IN THE FORM OF A REGULATION EXEMPTING CERTAIN CATEGORIES OF AGREEMENTS UNDER ARTICLE 1 OF REGULATION NO 19/65 . BY MEANS OF SUCH A REGULATION THE COMMISSION LAYS DOWN THE CONDITIONS UPON WHICH THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) IS INAPPLICABLE TO AN AGREEMENT EVEN THOUGH THE LATTER , PER SE , SATISFIES THE CONDITIONS OF THAT PROHIBITION .
12 IT FOLLOWS FROM THE FOREGOING THAT REGULATION NO 123/85 , AS A REGULATION APPLYING ARTICLE 85 ( 3 ) OF THE EEC TREATY , IS LIMITED TO PROVIDING ECONOMIC AGENTS IN THE MOTOR VEHICLE INDUSTRY WITH CERTAIN POSSIBILITIES ENABLING THEM TO REMOVE THEIR DISTRIBUTION AND SERVICING AGREEMENTS FROM THE SCOPE OF THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) DESPITE THE INCLUSION IN THOSE AGREEMENTS OF CERTAIN TYPES OF EXCLUSIVITY AND NO-COMPETITION CLAUSES . HOWEVER , THE PROVISIONS OF REGULATION NO 123/85 DO NOT COMPEL ECONOMIC AGENTS TO MAKE USE OF THOSE POSSIBILITIES . NOR DO THOSE PROVISIONS HAVE THE EFFECT OF AMENDING THE CONTENT OF SUCH AN AGREEMENT OR OF RENDERING IT VOID WHERE ALL THE CONDITIONS LAID DOWN IN THE REGULATION ARE NOT SATISFIED .
13 WHERE AN AGREEMENT DOES NOT SATISFY ALL THE CONDITIONS LAID DOWN BY REGULATION NO 123/85 THE PARTIES MAY EITHER REQUEST THE COMMISSION TO ADOPT AN INDIVIDUAL DECISION DECLARING ARTICLE 85 ( 1 ) INAPPLICABLE OR CONTEND THAT THE CONDITIONS LAID DOWN IN ANOTHER REGULATION PROVIDING EXEMPTION IN RESPECT OF OTHER CATEGORIES OF AGREEMENTS ARE SATISFIED , OR EVEN ESTABLISH THAT THE AGREEMENT IN QUESTION IS ON SOME OTHER GROUND NOT INCOMPATIBLE WITH THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ).
14 IT MUST BE ADDED THAT THE COURT HAS HELD ( JUDGMENTS OF 30 JUNE 1966 IN CASE 56/65 SOCIETE TECHNIQUE MINIERE V MASCHINENBAU ULM GMBH ( 1966 ) ECR 235 AND OF 14 DECEMBER 1983 IN CASE 319/82 SOCIETE DE VENTE DE CIMENTS ET BETONS DE L ' EST V KERPEN & KERPEN GMBH ( 1983 ) ECR 4173 ) THAT THE CONSEQUENCES OF THE FACT THAT THOSE CONTRACTUAL PROVISIONS WHICH ARE INCOMPATIBLE WITH ARTICLE 85 ( 1 ) ARE AUTOMATICALLY VOID FOR ALL OTHER PARTS OF THE AGREEMENT OR FOR OTHER OBLIGATIONS FLOWING FROM IT ARE NOT A MATTER FOR COMMUNITY LAW .
15 IT IS FOR THE NATIONAL COURT TO DETERMINE IN ACCORDANCE WITH THE RELEVANT NATIONAL LAW THE EXTENT AND CONSEQUENCES , FOR THE CONTRACTUAL RELATIONS AS A WHOLE , OF THE NULLITY OF CERTAIN CONTRACTUAL PROVISIONS BY VIRTUE OF ARTICLE 85 ( 2 ). IT IS ON THE BASIS OF NATIONAL LAW THAT