No L 117/30 Official Journal of the European Communities 7. 5. 94 COMMISSION COMMISSION DECISION of 13 April 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty . (IV/B-2/34.179 — Stichting Certificatie Kraanverhuurbedrijf and the Federatie van Nederlandse Kraanverhuurbedrijven) (Only the Dutch text is authentic) (94/272/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 Spain and Portugl and in particular Article 15 (6) thereof, Having regard to the complaint submitted on 13 January 1992 by Van Marwijk and others, together with an appli- cation for interim measures, and having regard to the statutes and rules notified on 15 January 1992 by the Stichting Certificatie Kraanverhuurbedrijf and on 6 February 1992 by the Federatie van Nederlandse Kraan- verhuurbedrijven, Having given the undertakings concerned, pursuant to Article 19 (1) of Regulation No 17, the opportunity of being heard on the matters to which the Commission has taken objection, Whereas : 1. THE FACTS The complaint (1)  On 13 January 1992 a complaint, together with an application for interim measures, was submitted by M. W. C. M. van Marwijk and 10 other firms alle- ging that the Federatie van Nederlandse Kraanver- huurbedrijven (hereinafter referred to as ‘FNK’) and the Stichting Certificatie Kraanverhuurbedrijf (hereinafter referred to as ‘SCK’) had infringed (*) OJ No 13, 21. 2. 1962, p. 204/62. @ G “ ©) Articles 85 (1) and 86 of the Treaty by excluding non-member firms from the mobile crane-hire trade and by imposing fixed price rates under their statutes and rules. The notified agreements SCK’s statutes and its rules on the certification of the crane-hire trade (hereinafter referred to as ‘the rules’) were notified to the Commission on 15 January 1992, and FNK'’s statutes and internal rules were similarly notified on 6 February 1992. In both cases, an application was made for negative clearance or, alternatively, exemption pursuant to Atticle 85 (3). Central to the notified agreements is the so-called ‘inhuurverbod’ (ban on the hire of extra cranes from non-affiliated firms) laid down in the second indent of Article 7 of the rules, which states ‘in addition to his other obligations under these rules, the certificate-holder is required (...) to use or allow to be used only cranes which are provided with valid certification plates.’ The parties The complainants are firms which hire out mobile cranes. Nine of them are established in the Nether- lands, the other two being established in Belgium. They are not members of FNK, nor do they parti- cipate in SCK. FNK is an association of firms that hire out mobile cranes. It was established on 13 March 1971 and has its registered office in Culemborg. As at 31 December 1991 it had 186 members. SCK, which has its registered office at the same address in Culemborg, was established on 15 December 1987. Under its statutes, its object is to provide a guarantee, through a system of super-