22. 9. 88 Official Journal of the European Communities No L 262/27 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 July 1988 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/31.379 — Bloemenveilingen Aalsmeer) (Only the Dutch text is authentic) (88/491/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 3 (1) thereof, Having regard to the applications filed by Florimex BV, Aalsmeer, and Van der Burg Bloemen BV, Aalsmeer- derbrug, both in the Netherlands, on 8 September 1982 and 15 December 1982, respectively, pursitant to Article 3 of Regulation No 17 for a finding that the cooperative society ‘De Verenigde Bloemenveilingen Aalsmeer’,’ Aalsmeer, Netherlands, has infringed Articles 85 and 86 of the EEC Treaty, Having regard to the notification pursuant to Article 4 of Regulation No 17 which was filed on 5 November 1984 by the cooperative society ‘De Verenigde Bloemenvei- lingen Aalsmeer’ and which concerned its Statutes and Auction Rules, several standard form contracts concluded with growers and dealers, its General Conditions for the Rental of Processing Rooms and its Scale of Charges, Having regard to the Commission’s decision of 12 June 1986 to initiate proceedings in this case, ) Having given the Cooperative Society ‘De Verenigde Bloemenveilingen Aalsmeer’ the opportunity, pursuant to Article 19 (1) of Regulation No 17 in conjunction with Commission Regulation No 99/63/EEC of 25 July 1963 () OJ No 13, 21. 2. 1962, p. 204/62. on the hearings provided for in Article 19 (1) and (2) of Council Régulation No 17 (3, the opportunity of being heard on the matters to which the Commission has taken objection, Having heard Florimex BV and Van der Burg Bloemen BV in accordance with Article 19 (2) of Regulatlon No 17 and Regulation No 99/63/EEC, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : 1. FACTS A. The products and the subject of the proceeding 1. The products (1) The present proceeding relates to trade in live plants and floricultural products, and in particular _in cut flowers and indoor and garden plants (Chapter 6 of the Brussels tariff nomenclature), hereinafter called ‘floricultural products’. 2. The subject of the proceeding (9 The subject of the proceeding is agreements, notified to the Commission, between the cooperative society ‘De Verenigde Bloemenvei- () OJ No 127, 20. 8. 1963, p. 2268/63.