11.3.92 Official Journal of the European Communities No L 66/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 December 1991 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/33.157 — Eco System/Peugeot) ‘ (Only the French text is authentic) (92/154/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty—establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 3 thereof, Having regard to Commission Regulation (EEC)No 123/85 of 12 December 1984 on the application of Article 85 (3) of the EEC Treaty to certain categories of motor vehicle distribution and servicing agreements (2), as amended by the Act of Accession of Spain and Portugal, and in particular Article 10, point 2, thereof, ‘ Having regard to the application submitted by Eco System SA, Rouen (France), on 19 April 1989 alleging infringement of Article 85 (1) of the Treaty by Peugeot SA, in particular its subsidiary Automobiles Peugeot SA, Paris, by obstructing the parallel imports made through the intermediary of Eco System, and requesting the Commission to put an end to such ‘infringement, ’ Having regard to the Commission Decision of 27 November 1989 to initiate proceedings in this case, ' Having given Peugeot SA and Automobiles Peugeot SA the opportunity to make known their views on the objections raised by the Commission, in accordance with Article 19 (1). of Regulation No 17 and with Commission Regulation (1) O] No 13, 21. 2. 1962, p. 204/62. (2) O] No.L 15, 18. 1. 1985, p. 16. No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (3), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS Nature of the proceeding 1. This Decision arises from an application, pursuant to Article 3 of Regulation No 17, made on 19 April 1989 by Eco System SA, Rouen (France) (Eco System), in respect of the obstacles which it has been encountering since the beginning of March 1989 among the Peugeot and Talbot dealer networks in Belgium and Luxembourg in its activity as authorized agent acting on behalf of French final consumers wishing to purchase a Peugeot vehicle through its services. 2. The complaint is directed against Automobiles Peugeot SA, on the grounds that it is the originator of the abovementioned obstacles, and against the following three resellers on the grounds that they have refused to honour the sales contracts presented . through the intermediary of Eco System: 1. Peugeot Talbot Belgique SA, (PTB), Nivelles, 2. Peugeot Talbot Service SA,. Brussels, 3. G. Gewelt bvba, Heverlee. (*) OJ No 127, 20. 8. 1963, p. 2268/63.