Keywords
Summary

Keywords

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1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ART . 177 )

2 . COMPETITION - COMMUNITY RULES - NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL - COMPATIBILITY

( EEC TREATY, ARTS 3 ( F ) AND 85 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICE RULES - NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL - INSUFFICIENT ACCOUNT TAKEN OF COSTS OF IMPORTATION OR OF OBTAINING SUPPLIES - NOT PERMISSIBLE - INCOMPATIBILITY WITH THE COMMON ORGANIZATION OF THE MARKETS

( EEC TREATY, ART . 30; REGULATION NO 805/68 OF THE COUNCIL, ART . 22 )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 177 OF THE EEC TREATY, THE COURT MAY NOT GIVE A RULING ON THE COMPATIBILITY OF A NATIONAL LEGISLATIVE PROVISION WITH COMMUNITY LAW . THE COURT MAY, HOWEVER, PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION OF ALL THE RELEVANT POINTS OF COMMUNITY LAW SO AS TO ENABLE THAT COURT TO DETERMINE WHETHER THE NATIONAL PROVISIONS ARE COMPATIBLE WITH THE RULE OF COMMUNITY LAW REFERRED TO .

2 . ARTICLES 3 ( F ) AND 85 OF THE EEC TREATY DO NOT PROHIBIT THE ADOPTION BY MEMBER STATES OF NATIONAL RULES PROVIDING FOR RETAIL PRICES OF BEEF AND VEAL TO BE FIXED BY THE PUBLIC AUTHORITIES .

3 . NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL REQUIRING RETAILERS NOT TO SELL THEIR PRODUCTS TO CONSUMERS AT A PRICE EXCEEDING THE AVERAGE PURCHASE PRICE PLUS A FIXED GROSS PROFIT MARGIN AND A FLAT-RATE AMOUNT FOR THE COSTS OF TRANSPORTATION :

( I ) CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION CONTRARY TO ARTICLE 30 OF THE EEC TREATY AND TO ARTICLE*22 OF REGULATION NO 805/68 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL IF THE FIXED PROFIT MARGIN AND THE FLAT-RATE AMOUNT FOR THE COSTS OF TRANSPORTATION DO NOT TAKE SUFFICIENT ACCOUNT OF THE COSTS OF IMPORTATION ACTUALLY INCURRED BY RETAILERS;

( II ) ARE INCOMPATIBLE WITH REGULATION NO 805/68 IF THE COSTS OF TRANSPORTATION ARE FIXED ON A FLAT-RATE BASIS WHICH IS INSUFFICIENT TO COVER THE COSTS ACTUALLY INCURRED BY RETAILERS IN OBTAINING SUPPLIES ON THE NATIONAL MARKET AND WHICH CONSEQUENTLY AFFECTS THE DISTRIBUTION NETWORK FOR BEEF AND VEAL IN CERTAIN REGIONS .