8On 31 January 2012, 5th Avenue, a company established in Germany, the object of which is, inter alia, trade of manufactured tobacco and items for smokers, and Habanos SA, the Cuban state-owned export company for cigars, concluded an agreement called the ‘Exclusive Distribution Agreement’ (‘the EDA’), according to which 5th Avenue has the sole right, as sole and exclusive distributor, to import, sell and distribute in Germany and Austria cigars produced by that state-owned company. In return for the granting of that exclusive distribution right in Austria, 5th Avenue undertook to make four annual payments, described as ‘compensation’, to Habanos of 25% of its annual revenues resulting from the sales of cigars in that Member State.
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