Judgment_paragraph 36 · Eco Swiss China Time Ltd v Benetton International NV (C-126/97)

36However, according to Article 3(g) of the EC Treaty (now, after amendment, Article 3(1 )(g) EC), Article 85 of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning of the internal market. The importance of such a provision led the framers of the Treaty to provide expressly, in Article 85(2) of the Treaty, that any agreements or decisions prohibited pursuant to that article are to be automatically void.

Eco Swiss China Time Ltd v Benetton International NV (C-126/97)

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