Dating vereeniging

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Such provisional validity is justified by the protection, on the one hand, of legal certainty in contractual matters and, on the other hand, by the interests of the parties to the duly notified old agreement. The fact that a fairly lengthy period of time has elapsed since notification of an old agreement without the Commission having taken any position cannot have the effect of bringing the provisional validity of that agreement to an end.

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Unlike amendments mitigating the restrictive effect of agreements, any dating vereeniging or extension, no matter how minimal, of the restrictions and, a fortiori, any introduction of new restrictions must, in principle, be regarded as having brought to an end the old agreement upon which provisional validity dating vereeniging conferred and as introducing a new agreement which does not enjoy provisional validity. However, if the dating vereeniging of an old agreement were to have the effect of introducing a new restriction severable from the agreement and not affecting its essential structure and content, the provisional validity of the old agreement, as it stood prior to amendment, would not be affected; only the new restriction would not be covered by the provisional validity.

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Moitinho de Almeida President of the ChamberL. Sevón, C. Gulmann, D. Edward Rapporteur and M. Wathelet, Judges, Advocate General: C. Lenz, Registrar: H.

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