Judgment_paragraph 89 · Dalmine SpA v Commission of the European Communities (C-407/04 P)

89In any event, it follows from well-established case-law that the interpretation and application of the condition relating to effects on trade between Member States contained in Articles 81 EC and 82 EC must be based on the purpose of that condition, which is to define, in the context of the law governing competition, the boundary between the areas respectively covered by Community law and the law of the Member States. Thus, Community law covers any agreement or any practice which is capable of constituting a threat to freedom of trade between Member States in a manner which might harm the attainment of the objectives of a single market between the Member States, in particular by sealing off domestic markets or by affecting the structure of competition within the common market (Case 22/78 Hugin v Commission [1979] ECR 1869, paragraph 17, and Case C-475/99 Ambulanz Glöckner [2001] ECR I-8089, paragraph 47).