No L 95/50 Official Journal of the European Communities 9.4.92 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 25 March 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.717-A — Eurocheque : Helsinki Agreement) (Only the French text is authentic) (92/212/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 Articles 4 (1) and 15 (2) thereof, Having regard to the notification submitted on 16 July 1990 pursuant to Article 4 of Regulation No 17 by the Groupement des cartes bancaires ‘CB’ concerning an agreement concluded in Helsinki on 19 and 20 May 1983 between the Eurocheque Assembly and the French finan- cial institutions on the conditions governing the accep- tance of foreign Eurocheques in the trading sector in France, Having regard to the Commission’s decision on 19 July 1990 to initiate proceedings in this case, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with Article 19 (1) of Regulation No 17 and with 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 (), ‘ After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. Whereas : M @ I. THE FACTS This Decision concerns an agreement entitled ‘accord entre les institutions financiéres frangaises et 'assemblée Eurocheque sur I'acceptation par les commercants en France des eurochéques tirés sur des institutions financiéres étrangéres selon les principes arrétés lors de la réunion de I'assemblée Eurocheque tenue a Helsinki les 19 et 20 mai 1983’ (Agreement between the French financial institutions and the Eurocheque Assembly on the acceptance by traders in France of Eurocheque drawn on foreign financial institutions in accor- dance with the principles adopted at the meeting of the Eurocheque Assembly held in Helsinki on 19 and 20 May 1983). The agreement, which was included in Chapter E of the Eurocheque manual, was in force for nearly seven-and-a-half years, from 1 December 1983, the date of its entry into force, until 27 May 1991, the date on which the Groupe- ment des cartes bancaires ‘CB’, which represents the French financial institutions within the Euro- cheque system, sent all its members a circular informing them that the Eurocheque General Assembly had, at its meeting on 9 and 10 May 1991, terminated the Agreement. A. The parties (1) The Groupement des cartes bancaires ‘CB’ A protocol was signed on 31 July 1984 between the 11 largest French financial institutions laying down the principle of interoperability between the three