After a referral by the French Supreme Court (“Cour de cassation”) for a preliminary ruling on 29 March 2011, the CJEU provides interesting answers to the question of control of selection criteria in a quantitative selective distribution system. French case law has given rise to discussions as to the opportunity to control the quantitative selection criteria that allow suppliers to approve or refuse applications to its distribution network. While some decisions have been interpreted as requiring such control , other decisions have explicitly excluded such control . In the case at hand, the company Jaguar Land Rover France (“JLR”), the importer of new motor vehicles and Land Rover branded products into France, refused to authorize Auto 24 as a distributor of Land Rover motor
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