"ARE THE FRENCH LEGISLATIVE PROVISIONS (( REFERRED TO ABOVE )) ... COMPATIBLE WITH THE PROVISIONS OF ARTICLES 30, 3(B ) AND 85 OF THE EEC TREATY?"
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE NATIONAL RULES IN QUESTION AND THE OBSERVATIONS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
6 FIRST, IT MUST BE BORNE IN MIND THAT 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 RELEVANT POINTS OF COMMUNITY LAW SO AS TO ENABLE THAT COURT TO DETERMINE WHETHER THE NATIONAL PROVISIONS ARE COMPATIBLE WITH THE RULES OF COMMUNITY LAW REFERRED TO .
7 AS REGARDS THE APPLICATION OF ARTICLE 3 ( F ) AND ARTICLE 85 OF THE EEC TREATY TO PRICE RULES SUCH AS THOSE REFERRED TO BY THE NATIONAL COURT, IT MUST ALSO BE OBSERVED THAT THE PURPOSE OF SUCH RULES IS NOT TO COMPEL TRADERS TO CONCLUDE AGREEMENTS OR TO TAKE ANY OTHER ACTION OF THE KIND PROHIBITED BY ARTICLE 85 ( 1 ) OF THE EEC TREATY BUT TO ENTRUST RESPONSIBILITY IN PRICING MATTERS TO THE PUBLIC AUTHORITIES . AS THE COURT HAS ALREADY RULED IN ITS JUDGMENT OF 29 JANUARY 1985 IN CASE 231/83 CULLET V LECLERC (( 1985 )) ECR 305, ARTICLE 3 ( F ) AND ARTICLE 85 DO NOT PROHIBIT THE ADOPTION BY MEMBER STATES OF SUCH NATIONAL RULES PROVIDING FOR RETAIL SALE PRICES TO BE FIXED BY THE PUBLIC AUTHORITIES .
8 THE QUESTION REFERRED TO THE COURT MUST THEREFORE BE CONSTRUED AS ASKING WHETHER THE PROVISIONS OF THE EEC TREATY CONCERNING THE FREE MOVEMENT OF GOODS AND IN PARTICULAR ARTICLE 30 OF THE TREATY PRECLUDE NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL WHICH PROHIBIT RETAILERS FROM SELLING THOSE PRODUCTS AT A PRICE EXCEEDING THE AVERAGE PURCHASE PRICE PLUS A FIXED GROSS PROFIT MARGIN AND A FLAT-RATE AMOUNT FOR THE COSTS OF TRANSPORTATION .
9 ALTHOUGH THE QUESTION RAISED BY THE NATIONAL COURT ONLY MENTIONS THE ARTICLES OF THE TREATY REFERRED TO ABOVE, NEVERTHELESS IN ORDER TO PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION OF ALL RELEVANT POINTS, IT MUST BE POINTED OUT THAT THE COMPATIBILITY OF NATIONAL MEASURES REGULATING PRICES FOR PRODUCTS SUBJECT TO A COMMON MARKET ORGANIZATION MUST BE APPRAISED PRIMARILY WITH REGARD TO THAT ORGANIZATION ( SEE THE JUDGMENT OF 6 NOVEMBER 1979 IN JOINED CASES 16 TO 20/79 JOSEPH DANIS (( 1979 )) ECR 3327 ). A FURTHER QUESTION TO BE EXAMINED IS THEREFORE WHETHER NATIONAL PRICE RULES SUCH AS THOSE IN QUESTION IN THESE PROCEEDINGS ARE IN CONFORMITY WITH REGULATION ( EEC ) NO 805/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION,