23. 12. 95 Official Journal of the Buropean Communities No L 312/79 COMMISSION COMMISSION DECISION of 29 November 1995 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.179, 34.202, 216 — Stichting Certificatie Kraanverhuurbedrijf and the Federatie van Nederlandse Kraanverhuurbedrijven) (Only the Dutch text is authentic) (95/551/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 Austria, Finland and Sweden, and in particular Article 3 (1) and Atticle 15 (2) thereof, Having regard to the complaint submitted on 13 January 1992 by M.W.CM. van Marwijk and others, together with an application for interim measures, and having regard to the statutes and rules notified on 15 January 1992 by the Stichting Certificatie Kraanverhuurbedrijff and on 6 February 1992 by the Federatie van Nederlandse Kraan- verhuurbedrijven, Having given the parties concerned, in accordance with Article 19 (1) of Regulation No 17 and with Regulation No 99/63/EEC of the Commission of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (%), the opportunity of being heard on the matters to which the Commission has taken objection, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS The complaint {1y  On 13 January 1992 a complaint, together with an application for interim measures, was submitted by () OJ No 13, 21. 2, 1962, p. 204/62. () O No 127, 20. 8. 1963, p. 2268/63. @ M.W.CM. van Marwijk and ten other firms alleging that the Federatie van Nederlandse Kraanverhuur- bedrijven (hereinafter referred to as ‘FNK’) and the Stichting Certificatie Kraanverhuurbedrijf (herei- nafter referred to as ‘SCK’) had infringed the competition rules in the EC Treaty by excluding undertakings which are not certified by SCK from hiring out mobile cranes and by imposing fixed price rates under their statutes and rules. The notified agreements SCK’s statutes (%) and its rules on certification of the crane-hire trade (*), (hereinafter referred to as ‘the rules’), including various annexes of which the most important are the certification requirements, were notified to the Commission on 15 January 1992. FNK’s statutes () and internal rules () were notified on 6 February 1992. In both cases, an application was made for negative clearance or, alternatively, exemption pursuant to Article 85 (3). FNK As notified, FNK’s rules contain, inter alia, a requirement that members charge reasonable prices for hiring out cranes and apply the general condi- tions issued by FNK, which contain provisions relating to price (Article 3 (b) and (c) of FNK’s internal rules), and a requirement that they give preference to other members when hiring extra cranes (Article 3 (a) of FNK’s internal rules). SCK As notified, SCK’s rules contain, inter alia, a ban on undertakings affiliated to SCK from hiring extra (*) Dated 9 January 1992. () Dated 1 January 1992. (%) Dated 17 July 1985. () Dated 31 October 1988.