No L 272/16 Official Journal of the European Communities 15. 11. 95 (Acts whose publication is nor obligatory) COMMISSION COMMISSION DECISION of 12 July 1995 relating to a proceeding pursuant to Article 85 of the EC Treaty (Case TV/33.802 — BASF Lacke+Farben AG, and Accinauto SA) (Only the French and German texts are authentic) (95/477/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 15 (2) thereof, Having regard to the Commission Decision of 12 May 1993 to initiate proceedings in this case, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has objected, in accordance with Article 19 (1) of Regula- tion No 17 in conjunction 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 Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. Subject (1) The subject of this Decision is the restrictions of competition that resulted from the fact that BASF Lacke + Farben AG (BASF L+F) contractually required Accinauto SA (Accinauto), the exclusive distributor of Glasurit motor vehicle refinishing paints in Belgium and Luxembourg, ‘to pass on to BASF L+F any customer inquiries coming from outside the contract territory’. (') O] No 13, 21. 2. 1962, p. 204/62. (¥ OJ No 127, 20. 8. 1963, p. 2268/63. B. The parties (2 BASF L+F is a wholly-owned German subsidiary of BASF AG, Ludwigshafen (the parent company of the BASF chemicals group) and has its registered office in Miinster-Hiltrup. In 1991, BASF L +F had a turnover of DM 1 668 million, of which DM 314 million was accounted for by worldwide sales of motor vehicle refinishing paints and DM 243 million by sales of motor vehicle refinishing paints within the Community. 3 Accinauto, whose registered office is in Brussels, has since 1937 been the BASF group’s authorized dealer in motor vehicle refinishing paints in Belgium and Luxembourg and, since 1974, the exclusive distributor of Glasurit products. Its turnover in the tax year 1991 was Bfrs 738 million, some 85 % of which was accounted for by BASF products. The company is managed by Messrs Pierre and Claude Dudouet, Managing Directors. In 1982, the two Managing Directors established the firm Technipaint (with the same registered office as Accinauto) for the technical training of sellers of Glasurit products. (4 BASF Coating and Inks Limited (BASF C&I) is a wholly owned subsidiary of the BASF group and is its marketing company for motor vehicle refin- ishing paints in the United Kingdom and Ireland. In 1991, BASF C&I had a turnover of £ 80 million, of which £ [...](®) million was accounted for by Glasurit products. () {...7 In the published version of the Decision, some infor- mation has hereinafter been omitted, pursuant to the provi- sions of Article 21 (2) of Regulation No 17 concerning non- disclosure of business secrets.