- EXCEPT IN SPECIAL CIRCUMSTANCES AND WITH SPECIAL CECIMO AUTHORIZATION . TWO COMPETING MACHINE TOOL DISTRIBUTORS OPERATING ON THE SAME MARKET MAY AS A RESULT BE IN DIFFERENT COMPETITIVE POSITIONS ACCORDING TO WHETHER THEIR RESPECTIVE MANUFACTURER HAS DIRECTLY OR INDIRECTLY TAKEN PART IN THE EMO OR NOT .
13 . THESE RESTRICTIONS ON COMPETITION MAY AFFECT TRADE BETWEEN MEMBER STATES .
( A ) IN ODD-NUMBERED YEARS ORGANIZERS OF FAIRS AND EXHIBITIONS IN COMMUNITY COUNTRIES HAVE ONLY A VERY LIMITED RANGE OF MACHINE TOOLS TO ATTRACT VISITORS , SINCE MOST OF THE MAJOR TOOL MANUFACTURERS TAKE PART IN ONLY ONE EXHIBITION , EMO .
( B ) MACHINE TOOL MANUFACTURERS WISHING TO ENTER A SPECIFIC MARKET OR HAVING NEW PRODUCTS TO PROMOTE AND SELL CANNOT TAKE PART IN OTHER INTERNATIONAL FAIRS AND EXHIBITIONS WHICH COULD HELP THEM ENTER INTO CONTACT AND DO BUSINESS WITH TRADERS IN OTHER COUNTRIES .
( C ) EVERY OTHER YEAR MACHINE TOOL MANUFACTURERS ' DISTRIBUTORS WHO HAVE TAKEN PART IN THE EMO CANNOT DISPLAY MACHINE TOOLS AT OTHER FAIRS AND EXHIBITIONS IN CECIMO MEMBER COUNTRIES , CONSEQUENTLY LOSING A MAJOR OPPORTUNITY OF CONTACTING THEIR CUSTOMERS AND DOING BUSINESS IN THESE COUNTRIES .
( D ) THIS SITUATION ALSO CREATES DIFFICULTIES FOR THE CUSTOMERS OF MACHINE TOOL MANUFACTURERS , FOR WHOM IT IS NOT ALWAYS EASY TO TRAVEL ABROAD TO SEE MACHINE TOOLS THEY MAY WISH TO BUY .
C . APPLICABILITY OF ARTICLE 85 ( 3 )
14 . CECIMO ' S DECISIONS ON THE EMO RULES SATISFY THE TESTS OF ARTICLE 85 ( 3 ) FOR THE FOLLOWING REASONS :
( A ) CECIMO ' S ACTIVITIES CONCERNING ORGANIZATION OF EMOS MUST BE CONSIDERED AS A RATIONALIZATION OF PARTICIPATION IN FAIRS AND EXHIBITIONS ; THIS IS PARTICULARLY IMPORTANT IN A BUSINESS SECTOR IN WHICH SUCH PARTICIPATION IS PARTICULARLY COSTLY :
( I ) BY MEANS OF THE EMO ALMOST ALL MACHINE TOOLS OF MANUFACTURERS OF A CERTAIN SIZE ARE GROUPED TOGETHER AND AVAILABLE FOR COMPARISON . A COMPLETE OVERALL PICTURE OF THE SECTOR IS ACCORDINGLY PROVIDED . THIS ENCOURAGES MANUFACTURERS TO TAILOR THEIR RANGES IN THE BEST WAY POSSIBLE TO THE VERY VARIED DEMAND FOR MACHINE TOOLS AND TO DO A CONSIDERABLE AMOUNT OF BUSINESS , EXPENDING A MINIMUM ON PROMOTION ;
( II ) ALTHOUGH EXPENSES INCURRED BY PARTICIPATION AT THE EMO ARE GENERALLY SOMEWHAT HIGHER THAN THOSE FOR PARTICIPATION IN OTHER EXHIBITIONS AND NATIONAL AND LOCAL FAIRS , THEY SHOULD BE COMPARED ONLY WITH THE TOTAL EXPENSES A MANUFACTURER WOULD INCUR BY TAKING PART IN A WHOLE SERIES OF OTHER FAIRS AND EXHIBITIONS GIVING HIM THE SAME COMMERCIAL RESULTS . IN VIEW OF THE FACT THAT MOST OF THE MACHINE TOOL MANUFACTURERS ARE SMALL OR MEDIUM-SIZED UNDERTAKINGS AND AT THE SAME TIME STRONGLY EXPORT ORIENTATED IT IS OF PARTICULAR IMPORTANCE FOR THEIR PROMOTION COSTS THAT THEY CAN EVERY SECOND YEAR LIMIT THEIR PARTICIPATION AT EXHIBITIONS TO ONE WHERE THEY HAVE THE OPPORTUNITY OF SHOWING THEIR MACHINE TOOLS TO COMPETITORS AND POTENTIAL CUSTOMERS