28Since compliance with those provisions and thus with the objectives pursued by Regulation 2015/2120 is ensured, according to Article 5 of that regulation, by the national regulatory authorities, it is for those authorities – subject to review by the national courts and in the light of the clarifications provided by the Court of Justice – to determine on a case-by-case basis whether the conduct of a given provider of internet access services, having regard to its characteristics, falls within the scope of Article 3(2) or Article 3(3) of that regulation, or both provisions cumulatively, and in the latter case the authorities commence their examination with one or other of those provisions. Where a national regulatory authority considers that a particular form of conduct on the part of a given provider of internet access services is incompatible in its entirety with Article 3(3) of Regulation 2015/2120, it may refrain from determining whether that conduct is also incompatible with Article 3(2) of that regulation.
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