NONE OF WHOM HAS REJECTED THE RECOMMENDATION , COMPLIES WITH THE PROVISIONS THEREOF .
152 DURING THE PROCEEDINGS IN THE PRESENT CASES CERTAIN APPLICANTS HAVE CHALLENGED THOSE LATTER STATEMENTS OF THE COMMISSION AND HAVE MAINTAINED THAT THE APPLICATION OF THE TERMS OF PAYMENT IS FLEXIBLE AND NOT UNIFORM . FOR THEIR PART THE APPLICANTS JUBILE AND VANDER ELST DRAW ATTENTION TO THE FACT THAT THE RESPECTIVE LETTERS FROM EACH OF THEM DATED 18 DECEMBER 1975 INFORMING THE COMMISSION OF THEIR DECISION TO FOLLOW THE RECOMMENDATION THEY STATED THAT CASH PAYMENT HAD ALWAYS BEEN THE RULE WITH THEIR COMPANIES AND THAT THEY WOULD CONTINUE TO MAKE IT THEIR PRACTICE INDEPENDENTLY OF THE RECOMMENDATION . THEY THEREFORE CONTEND THAT IF IT IS NECESSARY TO CONSIDER APPROVAL OF THE RECOMMENDATION AS AN AGREEMENT WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY THEY ARE NOT IN ANY EVENT A PARTY TO THAT AGREEMENT AS REGARDS THE TERMS OF PAYMENT AND IN THAT RESPECT THE DECISION WAS WRONGLY ADDRESSED TO THEM .
153 ALTHOUGH IT IS TRUE THAT THE BELGIAN TAXATION SYSTEM , WHICH MAKES THE MANUFACTURER OR IMPORTER ACCOUNTABLE FOR THE VERY HIGH TAXATION ELEMENT IN THE RETAIL PRICE , HAS A VERY DEFINITE INFLUENCE ON THE COMPETITION IN WHICH THE INDUSTRY MAY ENGAGE IN RELATION TO TERMS OF PAYMENT HAVING REGARD TO THE SPEEDY TURNOVER OF STOCK AND HIGH BANK INTEREST , IT DOES NOT MEAN THAT THERE IS NO OPPORTUNITY FOR EFFECTIVE COMPETITION IN THIS SPHERE . IT IS ALSO IMPORTANT NOT TO LOSE SIGHT OF THE FACT THAT IF THE MANUFACTURER ALLOWS THE TRADER CREDIT FACILITIES , THAT IS EQUIVALENT TO THE TRADER ' S RECEIVING AN ADDITIONAL PROFIT MARGIN , WHICH IS IN NO WAY PROHIBITED OR EXCLUDED BY THE BELGIAN RULES ON TAXATION OR PRICE CONTROL . THOSE FINDINGS ARE REINFORCED BY THE FACT THAT IT IS APPARENT FROM A TABLE ANNEXED TO FEDETAB ' S ANSWER OF 22 SEPTEMBER 1975 TO THE FIRST NOTICE OF OBJECTIONS THAT THE ACTUAL CREDIT FACILITIES ALLOWED BY THE OTHER APPLICANTS EXCEPT HVL VARIED FROM NONE AT ALL ( CASH PAYMENT ) TO 40 DAYS DEPENDING ON THE MANUFACTURER AND CUSTOMER .
154 THE JOINT PROVISIONS ON TERMS OF PAYMENT PURSUANT TO BOTH THE LETTER OF 23 DECEMBER 1971 AND THE RECOMMENDATION , BY REASON OF THEIR SUBSTANCE , HAVE AT THE VERY LEAST AS OBJECT THE SIGNIFICANT RESTRICTION OF COMPETITION ; THAT FACT SUFFICES TO BRING THEM WITHIN THE PROHIBITION OF ARTICLE 85 ( 1 ) SHOULD THEY BE REGARDED AS LIKELY TO AFFECT TRADE BETWEEN MEMBER STATES .
155 IN VIEW OF THE FACT THAT THE OPPORTUNITY FOR COMPETITION BETWEEN THE APPLICANTS WITH REGARD TO TERMS OF PAYMENT MUST BE REGARDED AS ESTABLISHED AND THAT THE ABOVE-MENTIONED PROVISIONS ARE INTENDED TO RESTRICT THEM SIGNIFICANTLY BY LAYING DOWN A MAXIMUM PERIOD OF A FORTNIGHT WHICH , AS REGARDS THE RECOMMENDATION , MAY BE ALLOWED ONLY IN EXCEPTIONAL CASES , IT IS NOT NECESSARY TO CONSIDER THE QUESTION HOW FAR THOSE PROVISIONS