Article considérant 22

(22) La note «Measures to control and prevent reexport» (15), adressée par Autogerma à Volkswagen AG le 26 septembre 1994, est libellée comme suit: «. . . With reference to the discussion we had in Verona on Thursday 15 and Friday 16 September (Mr Schlesinger, Bertino, De Simone, Wichmann, Kuhn) and the following phone calls on the subject, we confirm herewith the main measures taken by Autogerma to control and prevent re-export. - circular letters explaining to the dealers, the limits set by the EC guidelines contained in Regulation (EEC) No 123/85, - overproportional list price increase (with the well-known consequences in terms of price index and volumes), - auditings at the suspected dealerships, - strong recommendation of the President of Autogerma at the Verona dealers meeting of 14 July 1994 to sell the imported cars in Italy and in particular in their territory, - same recommendation to the marketing dealer group meeting held in Verona on 27 July, - the concept has been resumed once again by the President of Autogerma on the occasion of the New Polo congress of 3 and 4 September in Paris, - also in the dealer council meeting which took place in Paris on 4 September, clear sentences were said by Mr Schlesinger in order to avoid the re-export of the New Polo and in general of the cars imported by Autogerma, - with an internal note of 28 June addressed to the management of Autogerma, the President takes upon himself the approval of the quarterly bonus for all the extra-territory sales, - the quarterly bonus, blocked for all the extra-territory sales, will be paid, starting from the next quarter, only on the basis of car registration, - also for the promotional actions which are mostly in favour of the final customer, the registration in Italy is required for the payment of the support generally consisting in accessories, buy-back promise of financing opportunities, - dealer orders are daily controlled. Orders exceeding 10 % of the demand need special approval to be accepted, - specific letters are sent to dissuade dealers involved with re-export, - suspected foreign buyers have to sign an obligation not to resell the car before a minimum number of months; penalties are set in the contract, - recidivous dealers receive notice to leave (up to date six have received notice). In any case this measure will be applied carefully in order to avoid trials and the costs with them involved also in terms of damage of image. Furthermore replacements at the present time could be difficult or impossible. This brings additional problems in the territory coverage, - increment of the Autogerma stock to reduce the dealers' financial investments. This avoids that dealers look for undesired selling channels, - due-to this policy we still have in Autogerma the following very old unsold stock: >TABLE> - all the promotional actions are developed adding value to the cars mounting accessories. This avoids dealers to use additional marge in the re-export, - field representatives are also monitoring the various situations reporting, where is the case, re-export activities of the dealers, - the distribution of the New Polo will be strictly controlled. The dealers with past re-export activities will be cut in supplying, - our marketing is studying new action models specific for Italy and unknown abroad. These action models could be launched in 1995, - we are convinced that with these measures we shall possibly reduce drastically the re-export if also in Germany actions are taken with the German dealers which are continuously looking for new cars getting in touch directly with our dealers and Companies like VAGAS are prohibited to make interesting offerings to our dealers which are in this moment in red figures. . . .»