30In the second part of the first plea, Kruidvat submits that under the case-law of the Court of Justice, in particular the Metro II judgment, the existence of civil proceedings before a national court is sufficient for a direct action against a Commission decision which is linked to the subject-matter of those proceedings to be held admissible. Kruidvat was thus individually distinguished because Copardis had instituted proceedings against it and it had pleaded, in its defence, that Givenchy's selective distribution system was invalid. Kruidvat considers that it is clear from the Court's judgment in Case C-376/92 Metro SB-Großmärkte v Cartier [1994] ECR I-15 that, in proceedings for unfair competition, the question of the validity of a distribution system under Article 85 of the Treaty arises in the form of a preliminary issue.
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