OF WHICH PROVIDES THAT ANY QUANTITATIVE RESTRICTION OR MEASURE HAVING EQUIVALENT EFFECT IS PROHIBITED IN THE INTERNAL TRADE OF THE COMMUNITY .
21 A SYSTEM OF PRICE CONTROL SUCH AS THAT DESCRIBED BY THE COUR D ' APPEL MAY CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS IF THE MAXIMUM GROSS PROFIT MARGIN IMPOSED FOR THE RETAIL SALE OF BEEF , VEAL AND PIGMEAT IS FIXED SO AS TO INCORPORATE IMPORT COSTS WHICH THE RETAILER MAY HAVE INCURRED . SUCH A GROSS PROFIT MARGIN IS FIXED AT A SINGLE AMOUNT WHICH IS APPLICABLE BOTH WHERE THE RETAILER OBTAINS HIS SUPPLIES FROM THE NATIONAL MARKET AND WHERE HE DECIDES TO IMPORT HIS PRODUCTS BY BUYING THEM DIRECTLY ON THE MARKETS OF OTHER MEMBER STATES . IT FOLLOWS THAT THE NET PROFIT OF A RETAILER WHO HAS IMPORTED HIS PRODUCTS FROM OTHER MEMBER STATES IS REDUCED BY AN AMOUNT CORRESPONDING TO THE IMPORT COSTS AND IS , THEREFORE , LOWER THAN THE PROFIT WHICH A RETAILER CAN MAKE BY BUYING HIS PRODUCTS ON THE NATIONAL MARKET .
22 SUCH A SYSTEM CLEARLY HAS THE EFFECT OF DISCOURAGING IMPORTS FROM OTHER MEMBER STATES AND ENCOURAGING RETAILERS TO OBTAIN THEIR SUPPLIES ON THE NATIONAL MARKET . IT IS THEREFORE CONTRARY TO ARTICLE 30 OF THE TREATY AND ARTICLES 19 OF REGULATION NO 121/67 AND 22 OF REGULATION NO 805/68 .
23 AS REGARDS THE OTHER COSTS COVERED BY THE MAXIMUM GROSS PROFIT MARGIN , IT IS NECESSARY TO DISTINGUISH BETWEEN THE COSTS BORNE BY THE RETAILER AT THE SUPPLY STAGE AND THE COSTS RELATING TO THE STAGE OF SALE TO THE CONSUMER .
24 AS FAR AS COSTS COMING WITHIN THE FIRST CATEGORY ARE CONCERNED , THERE IS , AS THE COMMISSION HAS CORRECTLY POINTED OUT , A RISK , OR AT LEAST A POTENTIAL RISK , THAT THEIR INCORPORATION IN THE MAXIMUM GROSS PROFIT MARGIN MAY HAVE AN EFFECT ON THE MECHANISMS OF PRICE FORMATION GOVERNED BY REGULATIONS NOS 121/67 AND 805/68 . THE COSTS RELATING TO THE SUPPLY STAGE MAY VARY ACCORDING TO , INTER ALIA , THE DISTANCE BETWEEN THE CENTRES OF SUPPLY AND THE PLACE WHERE EACH RETAILER CARRIES ON HIS BUSINESS . CONSEQUENTLY , IN CERTAIN PLACES THE INCORPORATION OF THOSE COSTS IN THE MAXIMUM GROSS PROFIT MARGIN MAY RESULT IN A RETAIL PRICES FREEZE FOR CERTAIN RETAILERS AND THEREFORE AFFECT THE DISTRIBUTION NETWORK OF BEEF , VEAL AND PIGMEAT IN THE REGIONS WHICH ARE FURTHEST AWAY FROM THE CENTRES OF SUPPLY , AND THAT MAY IN TURN HAVE AN EFFECT ON THE MECHANISM FOR FIXING PRICES PROVIDED FOR UNDER THE COMMON ORGANIZATIONS OF THE MARKETS IN QUESTION AND ON TRADE WITHIN THE COMMUNITY .
25 SINCE THAT EFFECT IS , AS HAS BEEN STATED , SOLELY POTENTIAL , IT IS FOR THE NATIONAL COURTS TO DETERMINE WHETHER IT OCCURS IN SPECIFIC CASES WHICH ARE BROUGHT BEFORE THEM .
26 ON THE OTHER HAND , THE FACT THAT THE MARKETING COSTS BORNE BY THE