38So far as concerns the first criterion in that definition, namely the existence of an activity, it is clear from the Court’s case-law that that criterion requires the performance of positive acts, to the exclusion of mere omissions. As the Court has already held in relation to a factual situation which is seemingly quite similar to that at issue in the main proceedings, that criterion corresponds, in the case of a contract whose subject matter is the distribution of one party’s products by the other party, to the characteristic service provided by the party who, by carrying out such distribution, is involved in promoting the spread of the products concerned.
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