ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( THIRD CHAMBER ),
IN ANSWER TO THE QUESTION SUBMITTED TO IT BY THE COUR D' APPEL, PARIS, BY A JUDGMENT OF 25 JUNE 1986, HEREBY RULES :
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 OF THE COUNCIL 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 OF THE COUNCIL 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 .