No L 332/38 Official Journal of the European Communities 3. 12. 88 (Acts whose publication is not obligatory) COMMISSION. * COMMISSION DECISION of 14 November 1988 relating to a proceeding under Article 85 of the EEC Treaty (IV/32358 — Serv1ceMaster) (Only the English text is authentic) (88/604/EEC) - THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Eutbpean Economic Community, - Having regard to Council Regulation (EEC) No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 4, 6 and 8 thereof, Having regard to the application for negative clearance and notification submitted on .3 June 1987 by Service- Master. Limited (England) of a standard form franchise agreement concerning the provision of housekeeping, cleaning and maintenance services in the Community, Having regard to the summary of the application and notification published () pursuant to Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Position, Whereas : I. THE FACTS (1)  ServiceMaster has notified a standard form service franchise agreement for use in all the EEC Member States. The agreement concerns the supply of housekeeping, cleaning and maintenance services to both commercial and domestic customers. ~ ServiceMaster has applied for a negative clearance () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 218, 20. 8. Tobs, p. 3. @ @ @ ) or alternativély an exemption decision under Article 85 (3) of the Treaty. Following observations made by the Commission, ServiceMaster has agreed to make certain amendments to its notified agreement. The amended agreement was communicated to the . Commission on 10 May 1988. Reference is made to the notice published pursuant to Article 19 (3) of Regulation No 17 (3), for a more extensive description of the ServiceMaster franchise system and its relevant clauses which are - mentioned of discussed hereinafter only in so far as - is necessary for the reasoning of the Commission. The facts set out in the Article 19 (3) notice form part of this Decision. The Commission did not receive any observations from interested third parties following publication of the said notice. II. LEGAL ASSESSMENT _A. Article 85 (1) "The franchise network set up by ServiceMaster by means of the notified standard form agreement is a service franchise; it concerns the supply of housekeeping, cleaning and maintenance service to commercial and domestic customers according to the instructions of ServiceMaster and, on an - ancilliary basis, the supply of goods directly linked to the provision of those services. The Service- (®) And notified annexed to the present Decision.