Article 5

Non-applicability of the prohibition The prohibition in Article 2 may be declared inapplicable with retroactive effect to: - any agreement or category of agreement between undertakings, any decision or category of decision of an association of undertakings, or any concerted practice or category of concerted practice which contributes towards: improving the quality of transport services ; or promoting greater continuity and stability in the satisfaction of transport needs on markets where supply and demand are subject to considerable temporal fluctuation ; or increasing the productivity of undertakings ; or furthering technical or economic progress; and at the same time takes fair account of the interests of transport users and neither: (a) imposes on the transport undertakings concerned any restriction not essential to the attainment of the above objectives ; nor makes it possible for such undertakings to eliminate competition in respect of a substantial part of the transport market concerned.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-21 · Text as adopted (Official Journal); later amendments are not incorporated in this text.