EVENT OF FAILURE TO OBSERVE THE AGREED RULES OF COMMERCIAL PRACTICE CONSTITUTES A HIGHLY EFFECTIVE SANCTION .
24 THE ANSWER TO QUESTION A REFERRED BY THE NATIONAL COURT MUST THEREFORE BE THAT LEGISLATIVE PROVISIONS OR REGULATIONS OF A MEMBER STATE REQUIRING TRAVEL AGENTS TO OBSERVE THE PRICES AND TARIFFS FOR TRAVEL SET BY TOUR OPERATORS, PROHIBITING THEM FROM SHARING THE COMMISSION PAID IN RESPECT OF THE SALE OF SUCH TRAVEL WITH THEIR CLIENTS OR GRANTING REBATES TO THEIR CLIENTS AND REGARDING SUCH ACTS AS CONTRARY TO FAIR COMMERCIAL PRACTICE ARE INCOMPATIBLE WITH THE OBLIGATIONS OF THE MEMBER STATES PURSUANT TO ARTICLE 5, IN CONJUNCTION WITH ARTICLES 3*(F ) AND 85, OF THE EEC TREATY, WHERE THE OBJECT OR EFFECT OF SUCH NATIONAL PROVISIONS IS TO REINFORCE THE EFFECTS OF AGREEMENTS, DECISIONS OR CONCERTED PRACTICES WHICH ARE CONTRARY TO ARTICLE 85 .
QUESTION B
25 IN THIS QUESTION THE NATIONAL COURT SEEKS TO ASCERTAIN WHETHER AGREEMENTS SUCH AS THOSE ENTERED INTO BY TRAVEL AGENTS ARE COMPATIBLE WITH ARTICLE 85*(1 ) OF THE TREATY .
26 ALTHOUGH THE NATIONAL COURT DOES NOT SPECIFY WHICH AGREEMENTS ENTERED INTO BY TRAVEL AGENTS IT IS REFERRING TO, IT MAY BE INFERRED FROM THE CONTEXT OF THE MAIN PROCEEDINGS THAT IT HAS IN MIND THE AGREEMENTS DISCUSSED IN THE PROCEEDINGS AND MENTIONED ABOVE IN CONNECTION WITH THE REPLY TO THE FIRST QUESTION .
27 SINCE IT HAS ALREADY BEEN DETERMINED THAT AGREEMENTS OF THAT KIND ARE INCOMPATIBLE WITH ARTICLE 85*(1 ), IT IS NOT NECESSARY TO REPLY SEPARATELY TO QUESTION B .
QUESTION C
28 IN THIS QUESTION THE NATIONAL COURT ASKS WHETHER PROVISIONS SUCH AS THE BELGIAN PROVISIONS AT ISSUE AND AGREEMENTS OF THE KIND ENTERED INTO BETWEEN TRAVEL AGENTS AND BETWEEN TRAVEL AGENTS AND TOUR OPERATORS ARE COMPATIBLE WITH ARTICLES 30 AND 34 OF THE TREATY .
29 ARTICLES 30 AND 34 FALL UNDER TITLE I OF THE TREATY, ON THE FREE MOVEMENT OF GOODS . THEY PROVIDE THAT QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS, AND ALL MEASURES HAVING AN EQUIVALENT EFFECT, ARE PROHIBITED BETWEEN MEMBER STATES .
30 SINCE ARTICLES 30 AND 34 OF THE TREATY CONCERN ONLY PUBLIC MEASURES AND NOT THE CONDUCT OF UNDERTAKINGS, IT IS ONLY THE COMPATIBILITY WITH THOSE ARTICLES OF NATIONAL PROVISIONS OF THE KIND AT ISSUE IN THE MAIN PROCEEDINGS THAT NEED BE EXAMINED .
31 NATIONAL PROVISIONS OF THAT KIND HAVE NEITHER THE OBJECT NOR THE EFFECT OF RESTRICTING THE MOVEMENT OF GOODS BETWEEN MEMBER STATES .
32 THE SALE OF TRAVEL CONSTITUTES THE PROVISION OF SERVICES AND NOT THE SALE OF GOODS, REGARDLESS OF THE TERMINOLOGY USED IN THE COURSE OF BUSINESS . IT FOLLOWS THAT PROVISIONS SUCH AS THE BELGIAN PROVISIONS AT ISSUE CANNOT BE CONSIDERED CONTRARY TO ARTICLE 30 OR ARTICLE 34 .
33 THE ANSWER TO QUESTION C REFERRED BY THE NATIONAL COURT MUST THEREFORE BE THAT LEGISLATIVE PROVISIONS OR REGULATIONS OF A MEMBER STATE OF THE KIND REFERRED TO IN THE REPLY TO THE FIRST QUESTION ARE NOT INCOMPATIBLE WITH ARTICLES