(5) CGCE 7.2.1976, causa 11/76 (Paesi Bassi / Commissione); CGCE 7.2.1979, causa 18/76 (RF di Germania / Commissio ###>Since the last two tests of Article 85(3) were not satisfied, then, there were no grounds for the Commis­sion to declare the provisions of Article 85(1) inapplicable to the cooperative.