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The EU Court of Justice clarifies the framework to determine whether an exclusive distribution agreement for national newspapers and periodicals is capable of having an appreciable effect on the market (Salonia / Poidomani & Baglieri)

JUDGMENT OF THE COURT OF 16 JUNE 19811 Maria Salonia v Giorgio Poidomani and Franca Baglieri, née Giglio (preliminary ruling requested by the Tribunale Civile, Ragusa) Case 126/80* 1. Article 177 of the EEC Treaty, which is based on a distinct separation of functions between national courts and the Court of Justice does not allow the latter to criticize the reasons for the reference. Consequently, a request from a national court may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or to the subject matter of the main action. 2. In providing a reference for a preliminary ruling may be submitted to the Court where "a

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