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Importantly, the field of application of Article 34 of the TFEU is limited by the Keck judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect in the same manner, in law and in fact, the marketing of domestic products.
Court of Justice's jurisdiction and the purpose of Article 267 Under Article 267 TFEU the Court of Justice has jurisdiction to give rulings on questions of interpretation of EU law. The national court has a duty to apply the Court's ruling to the facts before it.
Preliminary rulings: Article 267 TFEU Chapter 4. Direct actions in the CJEU: Articles 258-260, 263, 265, 277 and 340 TFEU Chapter 5. Free movement of goods Outline answers to essay and problem questions; Chapter 7. EU Competition law: introduction and Article 101 TFEU Chapter 8. EU Competition law: Article 102 TFEU.
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Essay question 'Because of its wide scope, Article 101(1) TFEU is an effective tool for the achievement of the fundamental aims of EU competition law. At the same time, the exemption provisions in Article 101(3) allow sufficient room for restrictions which, on balance, have beneficial effects.'.
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