IN THE MAIN ACTION WITH COMMUNITY LAW MUST BE SETTLED SOLELY ON THE BASIS OF ARTICLE 30 ET SEQ . OF THE TREATY .
6 ARTICLE 34 OF THE EEC TREATY PROVIDES THAT ' ' QUANTITATIVE RESTRICTIONS ON EXPORTS , AND ALL MEASURES HAVING EQUIVALENT EFFECT , SHALL BE PROHIBITED BETWEEN MEMBER STATES ' ' .
7 THAT PROVISION CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION AT THE EXPENSE OF THE PRODUCTION OR OF THE TRADE OF OTHER MEMBER STATES . THIS IS NOT SO IN THE CASE OF A PROHIBITION LIKE THAT IN QUESTION WHICH IS APPLIED OBJECTIVELY TO THE PRODUCTION OF GOODS OF A CERTAIN KIND WITHOUT DRAWING A DISTINCTION DEPENDING ON WHETHER SUCH GOODS ARE INTENDED FOR THE NATIONAL MARKET OR FOR EXPORT .
8 THE FOREGOING APPRECIATION IS NOT AFFECTED BY THE CIRCUMSTANCE THAT THE REGULATION IN QUESTION HAS AS ITS OBJECTIVE , INTER ALIA , THE SAFEGUARDING OF THE REPU TATION OF THE NATIONAL PRODUCTION OF MEAT PRODUCTS IN CERTAIN EXPORT MARKETS WITHIN THE COMMUNITY AND IN NON-MEMBER COUNTRIES WHERE THERE ARE OBSTACLES OF A PSYCHOLOGICAL OR LEGISLATIVE NATURE TO THE CONSUMPTION OF HORSEMEAT WHEN THE SAME PROHIBITION IS APPLIED IDENTICALLY TO THE PRODUCT IN THE DOMESTIC MARKET OF THE STATE IN QUESTION . THE OBJECTIVE NATURE OF THAT PROHIBITION IS NOT MODIFIED BY THE FACT THAT THE REGULATION IN FORCE IN THE NETHERLANDS PERMITS THE RETAIL SALE OF HORSEMEAT BY BUTCHERS . IN FACT THAT CONCESSION AT THE LEVEL OF LOCAL TRADE DOES NOT HAVE THE EFFECT OF BRINGING ABOUT A PROHIBITION AT THE LEVEL OF INDUSTRIAL MANUFACTURE OF THE SAME PRODUCT REGARDLESS OF ITS DESTINATION .
9 THE REPLY TO THE QUESTION SUBMITTED MUST THEREFORE BE THAT IN THE PRESENT STATE OF COMMUNITY LAW A NATIONAL MEASURE PROHIBITING ALL MANUFACTURERS OF MEAT PRODUCTS FROM HAVING IN STOCK OR PROCESSING HORSEMEAT IS NOT INCOMPATIBLE WITH ARTICLE 34 OF THE TREATY IF IT DOES NOT DISCRIMINATE BETWEEN PRODUCTS INTENDED FOR EXPORT AND THOSE MARKETED WITHIN THE MEMBER STATE IN QUESTION .
Decision on costs
COSTS
10 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN BY AN ORDER OF 26 JANUARY 1979 , HEREBY