Judgment_paragraph 16 · Autorità Garante della Concorrenza e del Mercato v Ente tabacchi italiani - ETI SpA and Others and Philip Morris Products SA and Others v Autorità Garante della Concorrenza e del Mercato and Others (C-280/06)

16The Commission adds that, even if it were accepted that the reference, in Law No 287/90, to the principles of Community law is applicable in the main proceedings, the case-law of the Court would nevertheless lead to the conclusion that the questions referred for a preliminary ruling are inadmissible. In this respect, the Commission cites the judgment in Case C-346/93 Kleinwort Benson [1995] ECR I-615 and points out that Law No 287/90 does not specify that national courts must apply interpretations provided by the Court absolutely and unconditionally.