OF THE INTER-REGIONAL JOINT COMMITTEES ( AND NOW THE NATIONAL COMMITTEE FOR THE DISTRIBUTION OF DAILY NEWSPAPERS AND PERIODICALS ( COMMISSIONE NAZIONALE PER LA DIFFUSIONE DEI QUOTIDIANI E PERIODICI)?
3 . DOES NOT THE AGREEMENT INTERFERE WITH FREEDOM OF COMPETITION , IN WHICH THE CHOICE EXPRESSED BY CONSUMERS DETERMINES THE NUMBER OF SALES OUTLETS FOR NEWSPAPERS , IN THE SAME WAY AS THE RULES REGULATING THE MARKET APPLIED BY THE NETHERLANDS ASSOCIATION OF DEALERS IN BICYCLES AND RELATED GOODS , WHICH CONTAIN PRINCIPLES AND RESTRICTIONS SIMILAR TO THOSE OF THE AGREEMENT ON DAILY NEWSPAPERS AND WHICH WERE PROHIBITED BY THE COMMISSION ( DECISION OF 2 DECEMBER 1977 , OFFICIAL JOURNAL L 20 OF 25 JANUARY 1978)?
4 . MAY THE CLAUSES PROHIBITING SUPPLY FOR SALE , CONTAINED IN ARTICLE 2 OF THE AGREEMENT IN QUESTION AND ARTICLE 1 OF THE RULES GOVERNING THE FUNCTIONING OF THE JOINT COMMITTEES , BE REGARDED AS SATISFYING OBJECTIVE CRITERIA SUCH AS TO PRECLUDE ANY ABUSE AND MAY THEY BE EXEMPTED UNDER ARTICLE 85 ( 3 ) EVEN IF THEY WERE LAID DOWN FOR THE PURPOSE OF CONTRIBUTING TO AN IMPROVEMENT IN DISTRIBUTION?
5 . DOES THE FACT THAT SUPPLIES ARE CUT OFF FROM RETAILERS WHO , LIKE MRS SALONIA , HAVE NOT OBTAINED THE LICENCE REQUIRED BY THE SAID AGREEMENT , THUS PREVENTING SUCH CATEGORIES OF PERSONS FROM OBTAINING THE PRODUCTS FOR SALE IN ANOTHER WAY , PRECLUDE RELIANCE UPON THE EXEMPTION PROVIDED FOR BY REGULATIONS 19 AND 67 AND , IF SUCH EXEMPTION HAS BEEN GRANTED , DOES THAT FACT NOT LEAD TO AN ASSUMPTION THAT THE BENEFIT THEREOF HAS BEEN REVOKED?
6 . DOES NOT THE CONDUCT LAID DOWN IN AND GOVERNED BY THE AGREEMENT IN QUESTION CONSTITUTE AN ABUSE OF A DOMINANT POSITION?
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THE JURISDICTION OF THE COURT
5 THE DEFENDANTS IN THE MAIN ACTION ALLEGE THAT IN THE PRESENT CASE THE COURT HAS NOT BEEN VALIDLY SEISED , UNDER ARTICLE 177 OF THE TREATY , OF A REQUEST FOR A PRELIMINARY RULING . THEY MAINTAIN , IN THE FIRST PLACE , THAT THE QUESTIONS REFERRED TO THE COURT BEAR NO RELATION TO THE REAL SUBJECT-MATTER OF THE DISPUTE SINCE NEITHER THE PLAINTIFF NOR THE DEFENDANTS HAVE RELIED ON ANY RULE OF COMMUNITY LAW IN SUPPORT OF THEIR ARGUMENTS . THEY CONTEND , MOREOVER , THAT THE QUESTIONS SUBMITTED RELATE TO AN AGREEMENT TO WHICH NONE OF THE PARTIES TO THE CASE IS A SIGNATORY . FINALLY , THEY POINT OUT THAT THE INTERPRETATION OF THE TREATY SOUGHT BY THE NATIONAL COURT SERVES NO USEFUL PURPOSE SINCE THE NATIONAL AGREEMENT OF 23 OCTOBER 1974 WAS NO LONGER IN FORCE WHEN THE FACTS GIVING RISE TO THE ACTION OCCURRED AND IT COULD NOT THEREFORE AT THAT TIME CONSTITUTE THE LEGAL BASIS FOR THE REFUSAL ON THE PART OF THE NEWSPAPER DISTRIBUTORS TO SUPPLY THE PLAINTIFF .
6 AS THE COURT STATED IN ITS JUDGMENT OF 19 DECEMBER 1968 IN CASE 13/68 SALGOIL ( 1968 ) ECR 453 , ARTICLE 177