BE CONSIDERED AS DEVOID OF PURPOSE AND ACCORDINGLY INADMISSIBLE .
( B ) THE DECISION OF 15 DECEMBER 1975
5 SABA , WHICH HAS INTERVENED IN THE DISPUTE IN SUPPORT OF THE CONCLUSIONS OF THE COMMISSION , CONSIDERS THAT THE APPLICATION IS INADMISSIBLE SINCE THE DECISION CONTESTED BY METRO IS NOT OF DIRECT AND INDIVIDUAL CONCERN TO THE LATTER .
6 THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY STATES : ' ANY NATURAL OR LEGAL PERSON MAY . . . INSTITUTE PROCEEDINGS AGAINST A DECISION ADDRESSED TO THAT PERSON OR AGAINST A DECISION WHICH , ALTHOUGH IN THE FORM OF A REGULATION OR A DECISION ADDRESSED TO ANOTHER PERSON , IS OF DIRECT AND INDIVIDUAL CONCERN TO THE FORMER . '
SINCE THE CONTESTED DECISION WAS NOT ADDRESSED TO METRO IT IS NECESSARY TO CONSIDER WHETHER IT IS OF DIRECT AND INDIVIDUAL CONCERN TO IT .
7 METRO IS A SO-CALLED SELF-SERVICE WHOLESALE TRADING UNDERTAKING HAVING SOME 30 ESTABLISHMENTS IN THE FEDERAL REPUBLIC OF GERMANY AND IN CERTAIN OTHER MEMBER STATES .
THIS FORM OF DISTRIBUTION , WHICH MEANS THAT METRO COMPETES IN PARTICULAR WITH SPECIALIST WHOLESALERS , CONSISTS IN OBTAINING FROM PRODUCERS WHOLESALE SUPPLIES OF A WIDE RANGE OF FOODSTUFFS ( FOOD DEPARTMENT ) AND OTHER PRODUCTS ( NON-FOOD DEPARTMENT ) IN ORDER TO RESELL THEM , PRINCIPALLY TO RETAILERS , WHO WILL THEMSELVES RESELL THE PRODUCTS , BUT ALSO TO COMMERCIAL OR INDUSTRIAL UNDERTAKINGS OR SMALL BUSINESSES WHICH WISH TO APPLY THE GOODS PURCHASED FOR COMMERCIAL PURPOSES AND , LASTLY , TO PRIVATE CUSTOMERS TERMED ' INSTITUTIONAL CONSUMERS ' , ALTHOUGH IT SHOULD BE NOTED THAT THIS LATTER PRACTICE FORMS THE SUBJECT-MATTER OF DISPUTE BETWEEN THE PARTIES .
METRO DISTRIBUTES THESE PRODUCTS THROUGH THE SO-CALLED ' CASH AND CARRY ' SYSTEM WHEREBY PURCHASERS SERVE THEMSELVES IN SALES AREAS WHERE THE GOODS ARE STORED IN SUCH A WAY THAT THEY MAY BE REMOVED EASILY BY THE CUSTOMERS THEMSELVES , ARE DISPLAYED SIMPLY AND ARE PAID FOR IN CASH , WHICH RESULTS IN LOWER PRICES AND MAKES IT POSSIBLE TO OPERATE SATISFACTORILY ON LOWER PROFIT MARGINS THAN THOSE OF THE TRADITIONAL WHOLESALE TRADE .
THIS FORM OF MARKETING IS THUS CHARACTERIZED BOTH BY SPECIAL SALES METHODS AND BY THE NATURE OF THE CUSTOMERS SOUGHT BY THE WHOLESALER .
8 WHEN THE APPLICANT APPLIED TO SABA FOR RECOGNITION AS A WHOLESALER FOR THE DISTRIBUTION OF ELECTRONIC EQUIPMENT FOR THE LEISURE MARKET SABA REFUSED BECAUSE THE APPLICANT WOULD NOT AGREE TO A NUMBER OF CONDITIONS TO WHICH SABA SUBJECTS THE GRANT OF THE STATUS OF A SABA WHOLESALER AND WHICH , THE APPLICANT MAINTAINS , ARE NOT COMPATIBLE WITH THE STRUCTURE OF THE SELF-SERVICE WHOLESALE TRADE AS METRO ENGAGES IN IT .
SPECIFIC INSTANCES OF THIS ARE THE PROHIBITION ON SABA WHOLESALERS REGARDING THE SUPPLY OF SABA EQUIPMENT TO TRADE CONSUMERS , THAT IS TO SAY TO DEALERS OR SMALL BUSINESSES OUTSIDE THE TRADE IN ELECTRICAL GOODS BUT USING THE EQUIPMENT PURCHASED FOR COMMERCIAL PURPOSES WITHIN THEIR BUSINESS , LIKEWISE