PUBLICITE ' ), WHICH IS RTL ' S EXCLUSIVE AGENT FOR TELEVISION ADVERTISING AIMED AT THE BENELUX COUNTRIES . IN ITS ACTION CENTRE BELGE IS CLAIMING AN INJUNCTION RESTRAINING THE COMPAGNIE LUXEMBOURGEOISE AND INFORMATION PUBLICITE FROM REFUSING TO SELL IT TELEVISION TIME ON THE RTL STATION FOR TELEPHONE MARKETING OPERATIONS USING A TELEPHONE NUMBER OTHER THAN THAT OF INFORMATION PUBLICITE .
3 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT CENTRE BELGE IS A TRADING COMPANY WHICH , SINCE 1978 , HAS BEEN STUDYING THE TECHNIQUE KNOWN AS ' TELE-SALES ' OR ' TELEMARKETING ' , WHEREBY AN ADVERTISER PLACES IN ONE OF THE MEDIA , IN THE PRESENT CASE TELEVISION , AN ADVERTISEMENT CARRYING A TELEPHONE NUMBER WHICH THOSE AT WHOM THE ADVERTISEMENT IS AIMED MAY CALL EITHER TO OBTAIN INFORMATION ON THE PRODUCT OFFERED OR TO RESPOND TO THE ADVERTISING CAMPAIGN IN SOME OTHER WAY .
4 CENTRE BELGE ORGANIZED ITS FIRST TELEMARKETING OPERATION ON THE RTL TELEVISION STATION IN 1982 . IN 1983 IT CONCLUDED AN AGREEMENT WITH INFORMATION PUBLICITE FOR A PERIOD OF 12 MONTHS WHICH GAVE IT THE EXCLUSIVE RIGHT TO CONDUCT TELEMARKETING OPERATIONS ON THE RTL STATION AIMED AT THE BENELUX MARKET . THE TELEPHONE NUMBER SHOWN TO TELEVISION VIEWERS WAS THAT OF CENTRE BELGE , WHICH MADE ITS TELEPHONE LINES AND TEAM OF TELEPHONISTS AVAILABLE TO ADVERTISERS AND TO THE TELEVISION STATION .
5 ON THE EXPIRY OF THAT AGREEMENT INFORMATION PUBLICITE NOTIFIED ADVERTISERS THAT FROM APRIL 1984 RTL WOULD NO LONGER ACCEPT ADVERTISING ' SPOTS ' INVOLVING AN INVITATION TO MAKE A TELEPHONE CALL UNLESS THE TELEPHONE NUMBER USED IN BELGIUM WAS THAT OF INFORMATION PUBLICITE . IT WAS AGAINST THAT NOTICE THAT CENTRE BELGE BROUGHT AN ACTION FOR AN INJUNCTION BEFORE THE TRIBUNAL DE COMMERCE , CLAIMING INTER ALIA THAT IT CONSTITUTED AN ABUSE OF A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE EEC TREATY .
6 IN ITS ORDER FOR REFERENCE THE VICE-PRESIDENT OF THE TRIBUNAL DE COMMERCE STATES THAT COMPAGNIE LUXEMBOURGEOISE AND ITS SUBSIDIARY , INFORMATION PUBLICITE , DOMINATE THE MARKET IN TELEVISION ADVERTISING AIMED AT VIEWERS IN FRENCH-SPEAKING BELGIUM BY REASON OF THE FACT THAT IN BELGIUM ITSELF THERE IS AS YET NO COMMERCIAL ADVERTISING ON NATIONAL TELEVISION STATIONS AND THE ADVERTISING OF OTHER FRENCH-LANGUAGE STATIONS WHICH CAN BE RECEIVED IN BELGIUM IS AIMED ONLY RARELY OR NOT AT ALL AT THE BELGIAN PUBLIC . HOWEVER , THE VICE-PRESIDENT OF THE TRIBUNAL DE COMMERCE RAISES THE QUESTION WHETHER THE TWO UNDERTAKINGS OCCUPY A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY , SINCE UNDER THE RELEVANT TREATIES AND LAWS COMPAGNIE LUXEMBOURGEOISE HAS A LEGAL MONOPOLY IN THE MARKET AND THERE IS NO REAL FREEDOM OF ESTABLISHMENT .
7 AS REGARDS TELEMARKETING ACTIVITIES , THE VICE-PRESIDENT COMES , AFTER CONSIDERING THE FORMS OF AGREEMENT WHICH CENTRE BELGE ENTERED INTO AND THE CONDUCT OF THE PARTIES IN THE MAIN ACTION , TO THE CONCLUSION THAT , IF CENTRE BELGE IS ENGAGED IN AN