LEGISLATION IN QUESTION DOES NOT ESTABLISH ANY STATE MONOPOLY OF A COMMERCIAL CHARACTER . WITH REGARD TO ARTICLE 34 IT NEED MERELY BE POINTED OUT THAT THE MILLING QUOTAS IN QUESTION APPLY ONLY TO THE MILLING OF COMMON WHEAT INTO FLOUR INTENDED FOR DOMESTIC HUMAN CONSUMPTION AND NOT FOR EXPORT .
17 WITH REGARD TO THE QUESTION WHETHER SUCH LEGISLATION SHOULD BE REGARDED AS A MEASURE HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION ON IMPORTS FOR THE PURPOSES OF ARTICLE 30 OF THE EEC TREATY , IT SHOULD BE POINTED OUT FIRST OF ALL THAT THE SYSTEM IN QUESTION DOES NOT AFFECT THE POSSIBILITY OF IMPORTING FLOUR INTENDED FOR HUMAN CONSUMPTION FROM OTHER MEMBER STATES .
18 WITH REGARD TO THE EFFECTS WHICH SUCH A SYSTEM , APPLICABLE WITHOUT DISTINCTION TO THE MILLING OF DOMESTIC AND IMPORTED WHEAT , MAY HAVE ON THE MARKET FOR WHEAT , FOREST CONSIDERS THAT IT AFFECTS TRADE IN CEREALS IN SO FAR AS BY RESTRICTING THE ABILITY OF MILLS TO BUY WHEAT FOR MILLING IT MAY RESTRICT WHEAT IMPORTS .
19 IT MUST BE POINTED OUT THAT EVEN THOUGH A RESTRICTION ON THE QUANTITIES OF WHEAT WHICH MAY BE MILLED MAY PREVENT MILLERS FROM BUYING WHEAT , MILLERS ARE FREE TO BUY IMPORTED WHEAT TO COVER PART OR ALL OF THEIR REQUIREMENTS . IT THEREFORE APPEARS THAT SUCH A SYSTEM OF QUOTAS AT THE LEVEL OF FLOUR PRODUCTION IN FACT HAS NO EFFECT ON WHEAT IMPORTS AND IS NOT LIKELY TO IMPEDE TRADE BETWEEN MEMBER STATES .
20 IT FOLLOWS THAT SUCH LEGISLATION CANNOT BE REGARDED AS A MEASURE HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION ON IMPORTS FOR THE PURPOSES OF ARTICLE 30 OF THE EEC TREATY .
21 THE ANSWER TO THE QUESTION REFERRED BY THE TRIBUNAL DE GRANDE INSTANCE , MACON , MUST THEREFORE BE THAT NEITHER REGULATION NO 2727/75 OF THE COUNCIL OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS NOR ARTICLES 30 TO 37 OF THE EEC TREATY PREVENT A MEMBER STATE FROM ADOPTING A SYSTEM OF QUOTAS FOR THE MILLING OF WHEAT , RESTRICTED TO THE MANUFACTURE OF FLOUR FOR DOMESTIC CONSUMPTION , UNDER WHICH THE TOTAL QUANTITY COVERED BY SUCH QUOTAS IS IN FACT CONSIDERABLY IN EXCESS OF THE QUANTITY NECESSARY TO MEET THAT CONSUMPTION .
Decision on costs
COSTS
22 THE COSTS INCURRED BY THE FRENCH GOVERNMENT AND BY 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 , IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIFTH CHAMBER )
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNAL DE GRANDE INSTANCE , MACON , BY A JUDGMENT OF 17 APRIL 1985 , HEREBY RULES