39As regards the criterion relating to the existence of an activity, it is clear from the case-law of the Court that it requires the performance of positive acts, rather than mere omissions. That criterion corresponds, in the case of a concession agreement, to the characteristic service provided by the concessionaire which, by distributing the products of the grantor of the concession, is involved in increasing their distribution. As a result of the supply guarantee it enjoys under the concession agreement and, as the case may be, its involvement in the grantor’s commercial planning, in particular with respect to marketing operations, factors in respect of which the national court has jurisdiction to make a ruling, the concessionaire is able to offer clients services and benefits that a mere reseller cannot and thereby acquire, for the benefit of the grantor’s products, a larger share of the local market (see, to that effect, judgment of 19 December 2013, Corman-Collins, C‑9/12, EU:C:2013:860, paragraph 38 and the case-law cited).
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