28.2.2001 Official Journal of the European Communities L59/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 September 2000 relating to a proceeding under Article 81 of the EC Treaty (Case COMP[36.653 — Opel) (notified under document number C(2000)2707) (Only the Dutch text is authentic) (Text with EEA relevance) (2001/146/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to Council Regulation (EC) No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by Regulation (EC) No 1216/1999 (3), and in particular Article 3 and Article 15(2) thereof, Having regard to the Commission Decision of 21 April 1999 to open a proceeding in this case, Having given the parties concerned the opportunity to make known their views on the objections raised by the Commission, pursuant to Article 19(1) of Regulation (EC) No 17 and Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearings of parties in certain proceedings under Articles 85 and 86 of the EC Treaty(}), on the hearings provided for in Article 19(1) and (2) of Council Regulation (EQ)No 17, After consulting the Advisory Committee on Restrictive Prac- tices and Dominant Positions, Whereas: CHAPTER 1: THE FACTS A. BACKGROUND . Procedure It appeared from information which the Commission had received that Opel Nederland BV was pursuing a strategy of systematically obstructing exports of new motor vehicles from the Netherlands to other Member States. Agreements or concerted practices which aim at preventing or diminishing sales of new motor vehicles to end consumers resident in another Member State thereby restricting competition, fall under Article 81(1) of the EC Treaty. Pursuant to Commission Regulations (EEC) No 123/85 of 12 December 1984 on the appli- cation of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agree- ments (), and (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (°), manufacturers andfor their importers