11. 7. 91 Official Journal of the European Communities No L 185/23 (Acts whose publication -is not obligatory) COMMISSION COMMISSION DECISION of 15 May 1991 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/32186 Gosme/Martell — DMP) (Only the French text is authentic) (91/335/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, Pirst Regulation implementing Articles 85 and 86 of the EEC Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 15 (2) thereof, Having regard to the application submitted by Vincent Gosme SA on 25 November 1986 pursuant to Article 3 (1) of Regulation No 17, Having regard to the Commission Decision of 26 April 1989 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission pursuant to Article 19 (1) of Regulation No 17 and Commission Regulation 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, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OF No 127, 20. 8. 1963, p. 2268/63. Whereas : 0 @ - @ - 1. THE FACTS A. Introduction In its application dated 25 November 1986, Vincent Gosme SA (Gosme) states that it has regu- larly purchased Martell cognac from Distribution Martell Piper SA (DMP) for a number of years. In 1986 and again in 1987, Gosme ordered bottles of cognac which were not supplied within the time requested. Gosme also complains that DMP has refused to grant it the discounts to which it consi- ders it is entitled as a wholesale distributor. B. The parties Gosme, a company incorporated under French law, is involved in the wholesale distribution of food- stuffs, wines and spirits in the region of Nogent- le-Rotrou in France. When the opportunity arises, Gosme supplies customers outside that region and in other Community countries. Martell and Co. (Martell) produces cognac under the Martell trade mark and is the second largest producer of cognac. Martell is a company registered under French law and was taken over by the Cana- dian group Seagram.