APPRAISE THE CARTEL TO WHICH THE CONTESTED DECISION RELATES BECAUSE IT IS A PURELY NATIONAL CARTEL, LIMITED TO THE TERRITORY OF THE NETHERLANDS, WHICH DOES NOT APPLY IN ANY WAY TO IMPORTS OR EXPORTS AND WHICH CONSEQUENTLY HAS NO INFLUENCE OVER THE PATTERNS OF TRADE BETWEEN MEMBER STATES .
27 IN THIS RESPECT, IT EMPHASIZES MORE ESPECIALLY THE FACT THAT THE TOTAL PRODUCTION OF CEMENT IN THE NETHERLANDS FAR FROM SATISFIES THE NEEDS OF THE NETHERLANDS ECONOMY AND LEAVES A SUBSTANTIAL NEED FOR IMPORTS, THAT FURTHERMORE THERE IS, APART FROM ITS MEMBERS, A LARGE NUMBER OF CEMENT SELLERS NOT AFFILIATED TO IT AND THAT THEREFORE THERE IS NO DANGER OF INTRA-COMMUNITY TRADE BEING AFFECTED .
28 ACCORDING TO ARTICLE 85 ( 1 ) ALL AGREEMENTS WHICH HAVE AS THEIR OBJECT OR EFFECT THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION ARE INCOMPATIBLE WITH THE TREATY ONCE THEY MAY AFFECT TRADE BETWEEN MEMBER STATES .
29 AN AGREEMENT EXTENDING OVER THE WHOLE OF THE TERRITORY OF A MEMBER STATE BY ITS VERY NATURE HAS THE EFFECT OF REINFORCING THE COMPARTMENTALIZATION OF MARKETS ON A NATIONAL BASIS, THEREBY HOLDING UP THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING DOMESTIC PRODUCTION .
30 IN PARTICULAR, THE PROVISIONS OF THE AGREEMENT WHICH ARE MUTUALLY BINDING ON THE MEMBERS OF THE APPLICANT ASSOCIATION AND THE PROHIBITION BY THE ASSOCIATION ON ALL SALES TO RESELLERS WHO ARE NOT AUTHORIZED BY IT MAKE IT MORE DIFFICULT FOR PRODUCERS OR SELLERS FROM OTHER MEMBER STATES TO BE ACTIVE IN OR PENETRATE THE NETHERLANDS MARKET .
31 IT APPEARS THEREFORE THAT THE OBJECTION BASED ON THE FACT THAT TRADE BETWEEN MEMBER STATES IS NOT CAPABLE OF BEING AFFECTED BY THE DECISION OF THE APPLICANT ASSOCIATION MUST BE REJECTED .
32 IT FOLLOWS FROM THE FOREGOING THAT THE COMPLAINTS BASED ON AN ALLEGED INFRINGEMENT OF THE RULES OF THE TREATY MUST BE DISMISSED .
INADEQUACY OF THE STATEMENT OF REASONS UPON WHICH THE DECISION IS BASED
33 THE APPLICANT ALSO RAISES THE COMPLAINT THAT THE STATEMENT OF REASONS UPON WHICH THE CONTESTED DECISION IS BASED IS INADEQUATE .
34 THIS CRITICISM RELATES IN ESSENCE TO THE FACT THAT, ALTHOUGH THE OPERATIVE PART OF THE DECISION CONCERNS A BODY OF RULES COMPRISING THE GENERAL AND PRICING PROVISIONS ( ALGEMENE BEPALINGEN EN PRIJSVOORSCHRIFTEN DER VCH ), PRICE LISTS I-VI ( PRIJSBLADEN I-VI ), THE GENERAL CONDITIONS OF PURCHASE AND SALE ( ALGEMENE KOOP-EN VERKOOPVOORWAARDEN 1955 FGB-RBB ) AND THE SUPPLEMENTARY CONDITIONS OF PURCHASE AND SALE ( AANVULLENDE KOOP - EN VERKOOPVOORWAARDEN VAN DE VCH ), IT IS IMPOSSIBLE TO IDENTIFY FROM THE STATEMENT OF REASONS, WHICH EXPRESSLY REFERS TO THE FIRST OF THESE DOCUMENTS, THE REASONS WHY THE COMMISSION ALSO OBJECTED TO THE " GENERAL CONDITIONS " AND THE " SUPPLEMENTARY CONDITIONS OF PURCHASE AND SALE ".
35 ALTHOUGH IT IS TRUE THAT THE " GENERAL CONDITIONS " AND THE " SUPPLEMENTARY CONDITIONS OF PURCHASE AND SALE " INCLUDE COMMON COMMERCIAL CLAUSES, WHICH IN THEMSELVES ARE UNCONNECTED WITH