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Case C-428/23, ROGON and Others: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 July 2023 — ROGON GmbH & Co. KG, MVI Management GmbH and DC v Deutscher Fußballbund e. V. (DFB)
ECLI:EU:UNKNOWN:62023CN0428
62023CN0428
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Official Journal of the European Union
Series C
C/2023/119
16.10.2023
(Case C-428/23, ROGON and Others)
(C/2023/119)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant, appellant on a point of law and respondent in the appeal on a point of law: ROGON GmbH & Co. KG, MVI Management GmbH, DC
Defendant, respondent in the appeal on a point of law and appellant on a point of law: Deutscher Fußballbund e. V. (DFB)
Questions referred
The questions referred for a preliminary ruling concern the interpretation of Article 101 TFEU:
—account must be taken of the overall context in which the decision in question was taken or produces its effects and, more specifically, of its objectives,
—and according to which it has then to be considered whether the decision’s consequential effects restrictive of competition are inherent in the pursuit of those objectives,
—and whether they are proportionate to those objectives (‘the Meca Medina test’),
apply to the regulations of a sports association, which are addressed to members of the association and regulate the use of services of undertakings outside the association on a market upstream of the association’s activities?
ELI: http://data.europa.eu/eli/C/2023/119/oj
ISSN 1977-091X (electronic edition)