1THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES SEEK A STAY OF EXECUTION OF ARTICLES 2 AND 3 OF THE COMMISSION DECISION .
2IN THE PREAMBLE TO THE DECISION ( RECITAL ( 123 )) THE COMMISSION ITSELF RECOGNIZES THE POSSIBILITY THAT COMPETITION MAY DRIVE CERTAIN TRADERS OUT OF THE MARKET IN QUESTION .
3ACCORDINGLY THE POSSIBILITY OF IMMEDIATE AND IRREVERSIBLE DAMAGE CANNOT BE EXCLUDED .
4IT IS ACCORDINGLY APPROPRIATE IN PURSUANCE OF ARTICLE 185 OF THE EEC TREATY TO ORDER THAT THE APPLICATION OF ARTICLES 2 AND 3 OF THE DECISION IN DISPUTE BE SUSPENDED PENDING JUDGMENT BY THE COURT IN THE MAIN ACTION WHICH CAN IN NO WAY BE PREJUDICED .
5SUCH STAY HOWEVER IN NO WAY MAKES PROVISIONALLY VALID ANY AGREEMENT OR CONCERTED PRACTICE DECLARED NULL AND VOID UNDER ARTICLE 85 ( 1 ) SUBJECT AS PROVIDED IN ARTICLE 85 ( 2 ), SINCE THE COURT TO WHICH APPLICATION IS MADE FOR THE ADOPTION OF INTERIM MEASURES CANNOT SUBSTITUTE ITS DISCRETION FOR THAT OF THE COMMISSION .
6EVERY MEMBER OF FEDETAB IS FREE TO DISREGARD AT ANY TIME THE RULES AGREED BY THE FEDETAB RECOMMENDATION OF 1 DECEMBER 1975 .
7IN THE CIRCUMSTANCES COSTS MUST BE RESERVED .
ON THOSE GROUNDS ,
THE PRESIDENT ,
AS AN INTERLOCUTORY DECISION ,
HEREBY ORDERS AS FOLLOWS :
( 1 ) THE APPLICATION OF ARTICLES 2 AND 3 OF COMMISSION DECISION NO . 78/670/EEC OF 20 JULY 1978 -
( IV/28.852 - GB-INNO-BM/FEDETAB ;
IV/29.127 - MESTDAGH-HUYGHEBAERT/FEDETAB AND
IV/29.149 - FEDETAB RECOMMENDATION ) -
SHALL BE SUSPENDED PENDING FINAL JUDGMENT BY THE COURT .
( 2 ) FEDETAB SHALL INFORM ALL ITS MEMBERS OF THE CONTENTS OF THIS ORDER .
( 3 ) COSTS ARE RESERVED .
