38However, the Court has repeatedly stated that Article 37 does not require national monopolies having a commercial character to be abolished but requires them to be adjusted in such a way as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States (see the judgments cited above: Manghera, paragraph 5; Hansen, paragraph 8; Commission v Italy, paragraph 11 and Banchero II, paragraph 27).
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