The EU Court of Justice holds that the mere fact that a body exercises powers conferred upon it by the State and that it has a dominant position in the market is not sufficient in itself to establish that it has exclusive rights (Banchero)

Case C-387/93 Criminal proceedings against Giorgio Domingo Banchero* 1. It is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. However, it is not possible to reply to questions or parts of questions concerning the interpretation of provisions where the national court has not explained the factual circumstances which prompt it to apply those provisions and with regard to

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