No L 20/42 Official Journal of the European Communities 26. 1. 91 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 December 1990 relating to a proceeding unde Article 85 of the EEC Treaty (IV/32.595 — D’leteren motor oils) (Only the French and Dutch texts are authentic) (91/39/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 ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 2 thereof, Having regard to the notification and application for negative clearance submitted on 12 February 1988 by SA D’leteren NV, Having regard to the summary of the notification and application published (¥ pursuant to Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS (1)  The notification and application concerns a circular letter (hereinafter called ‘the circular’) sent by SA d’Ieteren NV to its authorized vehicle dealers on 14 December 1987. The circular, which was sent within the context of a standard-form agreement concluded with each of the dealers in question, contains instructions to use only certain motor oils, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 119, 13. 5. 1989, p. 14. ‘when servicing or repairing Volkswagen or Audi vehicles. (2  SA D’leteren NV, Brussels, Belgium (‘D’leteren’) is the exclusive, contractual importer for Belgium of vehicles made by Volkswagen AG, Wolfsburg, Germany (‘Volkswagen’). D'leteren re-sells some of those vehicles; which are of the Volkswagen and Audi marques, to the final user through its own retail establishments;-it also supplies a number of dealers, with each of whom it has a long-term dealer agreement (‘the dealer agreement) of the kind described by Commission Regulation (EEC) No 123/85 of 12 December 1984 on the applica- tion of Article 85 (3) of the Treaty to certain cate- gories of motor vehicle distribution and servicing agreements (°). The dealer agreement — defines the territory in which the dealer receives the exclusivity of supply of the vehicles concerned (and of parts therefor) for the purpose of resale; and — imposes certain restrictions on the sale by the dealer of .competing products, and minimum standards for facilities to be available, guarantee and other services to be provided, etc., inclu- ding minimum standards which relate to the repair and maintenance of contract products, particularly as concerns the safe and reliable functioning of motor vehicles. () OJ No L 15, 18. 1. 1985, p. 16.