OF A MEMBER STATE ' ' , THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 177 OF THE EEC TREATY ARE NOT INTENDED TO RESTRICT THIS PROCEDURE EXCLUSIVELY TO CASES WHERE ONE OR OTHER OF THE PARTIES TO THE MAIN ACTION HAS TAKEN THE INITIATIVE OF RAISING A POINT CONCERNING THE INTERPRETATION OR THE VALIDITY OF COMMUNITY LAW , BUT ALSO EXTEND TO CASES WHERE A QUESTION OF THIS KIND IS RAISED BY THE NATIONAL COURT OR TRIBUNAL ITSELF WHICH CONSIDERS THAT A DECISION THEREON BY THE COURT OF JUSTICE IS ' ' NECESSARY TO ENABLE IT TO GIVE JUDGMENT ' ' .
3 . AN AGREEMENT WHICH MAKES IT POSSIBLE TO FORESEE , ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR OF FACT , WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE , DIRECT OR INDIRECT , ACTUAL OF POTENTIAL , ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES AND WHICH HAS AS ITS OBJECT OR EFFECT THE RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET , COMES WITHIN THE PROHIBITION LAID DOWN BY ARTICLE 85 ( 1 ) OF THE EEC TREATY .
4 . AN AGREEMENT PROVIDING FOR THE EXCLUSIVE DISTRIBUTION OF NATIONAL PRODUCTS ON THE TERRITORY OF A MEMBER STATE AND INVOLVING , INTER ALIA , THE APPLICATION OF A SELECTIVE DISTRIBUTION CLAUSE WHEREBY ONLY APPROVED RETAILERS HAVE ACCESS TO SUPPLIES MAY , BY ITS VERY NATURE , HAVE THE EFFECT OF REINFORCING THE PARTITIONING OF THE MARKET ON A NATIONAL BASIS , THEREBY IMPEDING THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING NATIONAL PRODUCTION .
EVEN IF THE SOLE SUBJECT-MATTER OF THE AGREEMENT IN QUESTION IS THE DISTRIBUTION OF NATIONAL PRODUCTS AND THE AGREEMENT IS NOT CONCERNED WITH THE DISTRIBUTION OF SIMILAR PRODUCTS FROM OTHER MEMBER STATES , A CLOSED-CIRCUIT DISTRIBUTION SYSTEM APPLYING TO MOST OF THE SALES OUTLETS FOR NATIONAL PRODUCTS ON NATIONAL TERRITORY MAY , WHEN THOSE OUTLETS ARE AT THE SAME TIME THOSE WHERE PRODUCTS FROM OTHER MEMBER STATES ARE NORMALLY SOLD , ALSO HAVE REPERCUSSIONS ON THE DISTRIBUTION OF THOSE PRODUCTS .
SUCH AN AGREEMENT IS THEREFORE CAPABLE OF AFFECTING , AS FAR AS THE PRODUCTS IN QUESTION ARE CONCERNED , TRADE BETWEEN MEMBER STATES . HOWEVER , IT ESCAPES THE PROHIBITION LAID DOWN BY ARTICLE 85 ( 1 ) OF THE EEC TREATY IF IT HAS NO APPRECIABLE EFFECT ON SUCH TRADE .
5 . IN THE CASE OF NEWSPAPERS AND PERIODICALS , AN ASSESSMENT OF THE APPRECIABILITY OF THE EFFECTS WHICH A DISTRIBUTION AGREEMENT MAY HAVE IN THE TERRITORY OF A MEMBER STATE ON THE MARKET IN SUCH PUBLICATIONS FROM OTHER MEMBER STATES IS STRICTER THAN IN THE CASE OF OTHER PRODUCTS .
IN ORDER TO DETERMINE WHETHER AN EXCLUSIVE DISTRIBUTION AGREEMENT FOR NATIONAL NEWSPAPERS AND PERIODICALS IS CAPABLE OF HAVING AN APPRECIABLE EFFECT ON THE MARKET IN