ALSO DENIES THAT THE GRANT OF THE EXTRA BONUS WAS LINKED TO A SPECIAL TARGET OTHER THAT THAT NORMALLY FIXED FOR SALES OF CAR TYRES .
95 IN THIS CONNECTION IT SHOULD BE OBSERVED FIRST OF ALL THAT , AS IS CLEAR FROM THE EXPLANATIONS PROVIDED BY THE PARTIES IN THE PROCEDURE BEFORE THE COURT , THE SYSTEM OF DISCOUNTS APPLIED BY MICHELIN NV TO CAR TYRES WAS SIMILAR TO THAT APPLIED TO SALES OF HEAVY-VEHICLE TYRES . UNDER THAT SYSTEM THE PROPOSED RATE OF EACH DEALER ' S VARIABLE ANNUAL DISCOUNT ON SALES OF CAR TYRES WAS INCREASED BY 0.5% BY MICHELIN NV DURING 1977 .
96 IT IS COMMON GROUND THAT OWING TO A TEMPORARY SHORTAGE MICHELIN NV WAS UNABLE TO MEET DEMAND FOR HEAVY-VEHICLE TYRES ON THE NETHERLANDS MARKET IN 1977 . IT WAS THEREFORE IMPOSSIBLE FOR DEALERS TO ATTAIN THEIR TARGETS FOR SALES OF HEAVY-VEHICLE TYRES AND IT WAS IN THOSE CIRCUMSTANCES THAT MICHELIN NV GRANTED THE EXTRA BONUS IN QUESTION .
97 IT IS CLEAR FROM THE FOREGOING THAT , IRRESPECTIVE OF WHETHER THE EXTRA BONUS WAS LINKED TO A SPECIAL HIGHER TARGET AND WHETHER THE BONUS WAS ANNOUNCED AT THE BEGINNING OF THE YEAR OR ONLY IN SEPTEMBER 1977 , IT FELL WITHIN THE SCOPE OF THE OPERATION OF THE ANNUAL VARIABLE DISCOUNT ON SALES OF CAR TYRES . ALTHOUGH MICHELIN NV ' S REASON FOR GRANTING THE BONUS WAS TO MAKE GOOD THE LOSSES INCURRED BY DEALERS AS A RESULT OF ITS INABILITY TO SUPPLY THEM WITH THE QUANTITIES OF HEAVY-VEHICLE TYRES NEEDED TO ACHIEVE THEIR SALES TARGETS FOR SUCH TYRES , THE FACT REMAINS THAT THE BONUS WAS GRANTED ON SALES OF CAR TYRES ACCORDING TO A TARGET SET FOR THOSE TYRES AND WAS NOT DEPENDENT ON THE QUANTITY OF HEAVY-VEHICLE TYRES SOLD .
98 IT FOLLOWS THAT THERE IS NO GROUND FOR DESCRIBING THE BONUS , AS THE COMMISSION HAS DONE , AS A DISCOUNT ON SALES OF HEAVY-VEHICLE TYRES . IN GRANTING THE BONUS MICHELIN NV DID NOT MAKE A BENEFIT GRANTED ON SALES ON ONE MARKET DEPENDENT UPON THE ATTAINMENT OF A TARGET FOR SALES ON ANOTHER MARKET . THE COMMISSION ' S ARGUMENT THAT THE PRACTICE IN QUESTION IS AKIN TO A LINKED OBLIGATION WITHIN THE MEANING OF ARTICLE 86 ( D ) IS THEREFORE UNFOUNDED .
99 IT MUST THEREFORE BE CONCLUDED THAT THE COMMISSION HAS NOT ESTABLISHED THAT IN GRANTING THE EXTRA BONUS IN 1977 MICHELIN NV ABUSED ITS DOMINANT POSITION ON THE MARKET IN HEAVY-VEHICLE TYRES . ACCORDINGLY ARTICLE 1 ( B ) OF THE DECISION AT ISSUE MUST BE DECLARED VOID .
IV - EFFECT ON TRADE BETWEEN MEMBER STATES
100 THE APPLICANT DENIES THAT ITS DISCOUNT SYSTEM WAS CAPABLE OF AFFECTING TRADE WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY .
101 IN ITS DECISION THE COMMISSION STATED THAT OTHER MANUFACTURERS , WHOSE CHANCES OF PENETRATING THE NETHERLANDS MARKET WERE REDUCED OWING TO THE FACT THAT DEALERS ' FREEDOM TO PURCHASE WAS