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Joint cases C-267/91 and C-268/91

Tribunal de Grande has submitted a request to the European Court of Justice under
Article 177. By the motives of clarifying/interpretation the case of Bernard Keck and
Daniel Mithouard.
France law prohibits sale at a loss.
Defense: Article 32 eec (adugare articol)
The EU answers that the trade between Member States is not affected and that
there is no provision in the European Law that stipulates prohibition regarding resale
at a loss in trading goods (Article 30 eec adaugare articol), therefore the case shall
be judged under the free movement of goods.
The Court has decided that the case shall be judged in France under their law, in the
absence of a law regarding this scenario.

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