, WHICH TOOK EFFECT ON 1 DECEMBER 1975 AND HAD AS ITS OBJECT :
( 1 ) THE DIVISION OF BELGIAN WHOLESALERS AND RETAILERS INTO CATEGORIES AND THE ALLOCATION TO THE LATTER OF DIFFERENT PROFIT MARGINS ;
( 2)THE APPLICATION TO WHOLESALERS AND RETAILERS OF STANDARD TERMS OF PAYMENT ; AND
( 3)THE GRANT TO WHOLESALERS AND RETAILERS OF END-OF-YEAR REBATES :
' ' CONSTITUTES AN INFRINGEMENT OF ARTICLE 85 ( 1 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND DOES NOT QUALIFY FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) THEREOF . ' '
11 ARTICLE 3 ( 1 ) PROVIDES THAT THE ADDRESSEES OF THE DECISION ARE REQUIRED TO TERMINATE WITHOUT DELAY THE INFRINGEMENT REFERRED TO IN ARTICLE 2 AND IN PARTICULAR IN FUTURE TO ABSTAIN FROM ALL ACTS WHATSOEVER HAVING THE SAME OBJECT AS THE FEDETAB RECOMMENDATION . ACCORDING TO ARTICLE 3 ( 2 ) FEDETAB IS REQUIRED FORTHWITH TO INFORM ALL ITS MEMBERS TO WHICH THE DECISION WAS NOT ADDRESSED OF THE CONTENTS THEREOF .
12 BY ORDER DATED 30 OCTOBER 1978 THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT ACTING IN PURSUANCE OF THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE IN PLACE OF THE PRESIDENT OF THE COURT AND AS AN INTERLOCUTORY DECISION ORDERED THAT APPLICATION OF ARTICLES 2 AND 3 OF THE DECISION SHOULD BE SUSPENDED PENDING FINAL JUDGMENT BY THE COURT .
13 BY APPLICATIONS LODGED AT THE COURT REGISTRY IN SEPTEMBER AND OCTOBER 1978 EACH OF THE APPLICANTS SOUGHT A DECLARATION THAT THE DECISION IN QUESTION WAS VOID , AND IN CERTAIN CASES ALTERNATIVELY FOR AMENDMENT THEREOF IN SO FAR AS THEY WERE CONCERNED .
14 BY ORDERS DATED 26 OCTOBER 1978 , 28 MARCH 1979 AND 27 JUNE 1979 THE COURT ALLOWED VARIOUS PARTIES TO INTERVENE IN SUPPORT BOTH OF THE CLAIMS OF THE APPLICANTS AND OF THE CONTENTIONS OF THE COMMISSION .
15 BECAUSE THEY ARE CONNECTED IT IS APPROPRIATE TO JOIN THESE CASES FOR THE PURPOSES OF JUDGMENT .
II - SUBMISSIONS REGARDING FORM AND PROCEDURE
FIRST SUBMISSION : REFUSAL BY THE COMMISSION TO HEAR CERTAIN INTERESTED ASSOCIATIONS OF WHOLESALERS AND RETAILERS
16 ALL THE APPLICANTS EXCEPT VANDER ELST COMPLAIN THAT THE COMMISSION REFUSED TO ACCEDE TO THE REQUEST OF THE ASSOCIATIONS ANGIPMT AND ATAB AND THE CONSORTIUM TABACS-GROEP TABAK ( HEREINAFTER REFERRED TO AS ' ' GT ' ' ), A DE FACTO ASSOCIATION CONTAINING CERTAIN OF THE FORMER MEMBERS OF ANGIPMT , TO BE HEARD DURING THE ADMINISTRATIVE PROCEEDINGS . THAT REFUSAL IS SAID TO BE AN INFRINGEMENT OF THE PROVISIONS OF ARTICLE 19 ( 2 ) OF REGULATION NO 17 AND ARTICLE 5 OF REGULATION NO 99/63 .
17 ARTICLE 19 ( 2 ) OF REGULATION NO 17 PROVIDES THAT APPLICATIONS TO BE HEARD ON THE PART OF NATURAL OR LEGAL PERSONS SHALL , WHERE THEY SHOW A SUFFICIENT INTEREST , BE GRANTED . FOR THAT PURPOSE THE COMMISSION IS REQUIRED ,