APPLICATION FOR A DECLARATION THAT THE CONTESTED DECISION IS VOID THE COOPERATIVE MAKES SEVEN SUBMISSIONS BASED ON THE INFRINGEMENT OF ARTICLE 85 ( 1 ) AND ( 3 ) AND REGULATION NO 26/62 . THE MAIN PURPOSE OF THE FRENCH GOVERNMENT ' S INTERVENTION IS TO SAFEGUARD THE PARTICULAR REQUIREMENTS AND NEEDS OF AGRICULTURAL COOPERATION IN GENERAL .
ARTICLE 85 ( 1 )
9 IN ITS FIRST SUBMISSION THE COOPERATIVE DENIES THAT THE EXCLUSIVE PURCHASING OBLIGATION APPRECIABLY RESTRICTS COMPETITION IN THE COMMON MARKET . THAT OBLIGATION IS INTENDED NOT TO RESTRICT COMPETITION BUT TO PROMOTE OPTIMUM RENNET OUTPUT AND TO GUARANTEE MEMBERS ' SUPPLIES . THE DECISION AT ISSUE PREJUDICES THE TRADITIONAL SYSTEM OF COOPERATIVES FOR WHICH THE EXCLUSIVE PURCHASING OBLIGATION IS A FUNDAMENTAL CONDITION . FROM THE POINT OF VIEW OF ARTICLE 85 ( 1 ) OF THE TREATY COOPERATIVES IN THE AGRICULTURAL SECTOR SHOULD NOT BE REGARDED AS INDEPENDENT UNDERTAKINGS BUT AS A FORM OF COOPERATION NECESSARILY BASED ON THE EXCLUSIVE PURCHASING OBLIGATION WHICH CANNOT THEREFORE RESTRICT COMPETITION BETWEEN THE COOPERATIVE ON THE ONE HAND AND ITS MEMBERS OR THIRD PARTIES ON THE OTHER . NOR CAN IT RESTRICT COMPETITION BETWEEN MEMBERS . THAT COMPETITION OPERATES WITHOUT LIMITATION ON THE MARKET IN CHEESE .
10 THE COOPERATIVE ' S SECOND SUBMISSION IS TO THE EFFECT THAT THE EXCLUSIVE PURCHASING OBLIGATION IS NOT LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES BECAUSE BOTH THE MEMBERS OF THE COOPERATIVE AND NON-MEMBER NETHERLANDS MANUFACTURERS HAVE ALWAYS BOUGHT ALL THEIR RENNET AND COLOURING AGENTS FROM THE COOPERATIVE AND WOULD CONTINUE TO DO SO EVEN IF THAT OBLIGATION DID NOT EXIST .
11 IN ITS THIRD SUBMISSION THE COOPERATIVE CONTENDS THAT THE SUM TO BE PAID IN THE EVENT OF A MEMBER ' S EXPULSION OR RESIGNATION IS NOT A SERIOUS OBSTACLE FOR A MEMBER WISHING TO CHANGE ITS RENNET SUPPLIER AND IN ITS FOURTH SUBMISSION IT STATES THAT THE COMMISSION WAS WRONG TO CONSIDER THAT IF THERE WERE NO REQUIREMENT TO PAY A CERTAIN SUM IN THE EVENT OF RESIGNATION THAT WOULD HELP TO SET UP COMPETING PRODUCTION CENTRES WHICH MIGHT ALSO BE IN A POSITION TO SELL RENNET IN OTHER MEMBER STATES . COMMON PRODUCTION IS THE ONLY WAY OF GUARANTEEING REGULAR SUPPLIES OF RENNET OF GOOD , CONSISTENT QUALITY . THERE IS NO MARKET IN ANIMAL RENNET AS A COMMERCIAL PRODUCT AT COMMUNITY LEVEL AND THAT IS BECAUSE THE RELATIVE VALUE OF RENNET IN RELATION TO THAT OF CHEESE IS TOO LOW . REGULAR SUPPLIES OF RENNET OF GOOD , CONSISTENT QUALITY ARE SO IMPORTANT THAT CHEESE-MAKERS TRY TO MAINTAIN A STABLE RELATIONSHIP WITH A TRUSTWORTHY SUPPLIER .
12 BEFORE EVALUATING THOSE ARGUMENTS IT SHOULD BE RECALLED THAT FOR THE AGREEMENT AT ISSUE TO BE CAUGHT BY THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) IT MUST HAVE ' ' AS ITS OBJECT OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET ' ' . THE COOPERATIVE ' S RULES , WHICH REQUIRE ITS MEMBERS