TRANSPORT AND DELIVERY BEFORE 5.45 A.M . IS TO ENSURE COMPLIANCE WITH THE PROHIBITION ON PRODUCTION AT NIGHT , WHICH MIGHT OTHERWISE ESCAPE EFFECTIVE CONTROL ON THE PART OF THE AUTHORITIES . IT IS ALLEGED TO BE ESSENTIAL TO EXTEND THE PROHIBITION TO COVER PRODUCTS COMING FROM OTHER MEMBER STATES BECAUSE OTHERWISE PRODUCERS ESTABLISHED IN GERMANY WOULD BE AT A DISADVANTAGE IN RELATION TO COMPETITION FROM ABROAD , WHICH WOULD BE CONTRARY TO THE PRIN CIPLE OF EQUALITY . THEREFORE , IF PRODUCTS FROM OTHER MEMBER STATES WERE TO BE EXEMPT FROM SUCH A PROHIBITION , IT WOULD BE IMPOSSIBLE NOT ONLY TO MAINTAIN THE PROHIBITION FOR DOMESTIC PRODUCTS , BUT ALSO TO MAINTAIN THE RESTRICTIONS ON PRODUCTION TIMES .
19 IN THIS REGARD , IT MUST BE NOTED THAT THE RESTRICTIVE EFFECT OF THE RULES CONTROLLING THE TIMES FOR THE TRANSPORT AND DELIVERY OF ORDINARY AND FINE BAKER ' S WARES , IN CONNECTION WITH THE CONTROL OF THE HOURS WHEN THOSE PRODUCTS MAY BE MANUFACTURED , MUST BE EVALUATED IN THE LIGHT OF THEIR SCOPE .
20 IF SUCH RULES ARE CONFINED TO TRANSPORT FOR DELIVERY TO INDIVIDUAL CONSUMERS AND RETAIL OUTLETS ONLY , WITHOUT AFFECTING TRANSPORT AND DELIVERY TO WAREHOUSES OR INTERMEDIARIES , THEY CANNOT HAVE THE EFFECT OF RESTRICTING IMPORTS OR EXPORTS BETWEEN MEMBER STATES . IN THIS CASE , INDEED , TRADE WITHIN THE COMMUNITY REMAINS POSSIBLE AT ALL TIMES , SUBJECT TO THE SINGLE EXCEPTION THAT DELIVERY TO CONSUMERS AND RETAILERS IS RESTRICTED TO THE SAME EXTENT FOR ALL PRODUCERS , WHEREVER THEY ARE ESTABLISHED . UNDER THESE CIRCUMSTANCES , SUCH RULES ARE NOT CONTRARY TO ARTICLES 30 AND 34 OF THE TREATY .
21 THE REPLY TO THE SECOND QUESTION MUST THEREFORE BE THAT ARTICLES 30 AND 34 OF THE EEC TREATY DO NOT APPLY TO NATIONAL RULES WHICH PROHIBIT THE PRODUCTION OF ORDINARY AND FINE BAKER ' S WARES AND ALSO THEIR TRANSPORT AND DELIVERY TO INDIVIDUAL CONSUMERS AND RETAIL OUTLETS DURING THE NIGHT UP TO A CERTAIN HOUR .
Decision on costs
22 THE COSTS INCURRED BY THE GERMAN GOVERNMENT , THE FRENCH GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , A STEP IN THE PROSECUTION PENDING BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE AMTSGERICHT WIESBADEN BY ORDER OF 22 APRIL 1980 , HEREBY RULES :
1 . ARTICLE 7 OF THE EEC TREATY MUST BE CONSTRUED AS PROHIBITING ONLY DISCRIMINATION ON THE GROUND OF THE NATIONALITY OF TRADERS . THERE IS , THEREFORE , NO INFRINGEMENT OF ARTICLE 7 , EVEN IF , BY MEANS OF A STATUTORY PROVISION WHICH MAKES NO DISTINCTION DIRECTLY OR INDIRECTLY ON GROUNDS OF NATIONALITY , A MEMBER STATE