THE COMMUNITY RULES . IN ORDER TO GIVE A RULING ON THAT DISPUTE THE TRIBUNAL DE GRANDE INSTANCE CONSIDERED IT NECESSARY TO REQUEST THE COURT OF JUSTICE TO GIVE A RULING
' ON THE APPLICATION OF REGULATION ( EEC ) NO 123/85 OF 12 DECEMBER 1984 TO THE AGREEMENT CONCLUDED ON 18 DECEMBER 1984 FOR A PERIOD OF ONE YEAR FROM 1 JANUARY 1985 UNTIL 31 DECEMBER 1985 , WITHOUT TACIT RENEWAL , BETWEEN VAG FRANCE AND ETABLISSEMENTS MAGNE , HAVING REGARD TO THE SUBMISSIONS OF THOSE PARTIES ' .
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED ACCOUNT OF THE FACTS OF THE CASE , THE RELEVANT COMMUNITY RULES AND THE OBSERVATIONS SUBMITTED TO THE COURT BY THE PARTIES TO THE MAIN ACTION AND BY THE COMMISSION WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
7 IT MUST BE POINTED OUT IN THE FIRST PLACE THAT THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE EEC TREATY TO RULE UPON THE APPLICATION OF COMMUNITY LAW TO SPECIFIC CASES . IT MAY NEVERTHELESS EXTRACT FROM THE WORDING OF THE QUESTION FORMULATED BY THE NATIONAL COURT , HAVING REGARD TO THE FACTS STATED BY THE LATTER , THOSE FACTORS WHICH COME WITHIN THE FIELD OF COMMUNITY LAW AND WHICH WILL ENABLE THE NATIONAL COURT TO RESOLVE THE LEGAL PROBLEM BEFORE IT .
8 CONSIDERED IN THAT LIGHT , THE QUESTION REFERRED TO THE COURT BY THE TRIBUNAL DE GRANDE INSTANCE , PARIS , SEEKS TO ASCERTAIN WHETHER REGULATION NO 123/85 IS TO BE INTERPRETED AS MEANING THAT ARTICLE 5 ( 2 ) THEREOF LAYS DOWN MANDATORY PROVISIONS DIRECTLY AFFECTING THE VALIDITY OR CONTENT OF THE AGREEMENT AS A WHOLE OR CERTAIN CLAUSES THEREOF OR OBLIGES THE CONTRACTING PARTIES TO ADAPT THE CONTENT OF THEIR AGREEMENT IN ORDER TO BRING IT INTO CONFORMITY WITH THE AFORESAID PROVISIONS .
9 THE REPLY TO THAT QUESTION MUST BE SOUGHT IN A READING OF REGULATION NO 123/85 , CONSIDERED IN THE LIGHT OF ARTICLE 85 OF THE EEC TREATY AND OF COUNCIL REGULATION NO 19/65/EEC OF 2 MARCH 1965 ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF AGREEMENTS AND CONCERTED PRACTICES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1965-66 , P . 35 ), ON THE BASIS OF WHICH REGULATION NO 123/85 WAS ADOPTED .
10 UNDER ARTICLE 85 ( 1 ) OF THE EEC TREATY CERTAIN AGREEMENTS BETWEEN UNDERTAKINGS WHICH ARE CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES AND WHICH HAVE AS THEIR OBJECT OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET ARE INCOMPATIBLE WITH THE COMMON MARKET AND PROHIBITED . ACCORDING TO ARTICLE 85 ( 2 ) SUCH AGREEMENTS ARE AUTOMATICALLY VOID UNLESS THE PROVISIONS OF ARTICLE 85 ( 1 ) ARE DECLARED INAPPLICABLE BY THE COMMISSION IN ACCORDANCE WITH ARTICLE 85 ( 3 ).
11 THE DECISION DECLARING ARTICLE