) OF THE WET BEPERKING CADEAUSTELSEL 1977 , DOES NOT MAKE THE APPLICATION OF THAT EXCEPTION SUBJECT TO COMPLIANCE WITH THE CRITERION OF RELATED CONSUMPTION OR USE .
6 THE GERECHTSHOF , AMSTERDAM , TAKING THE SAME VIEW AS THAT TAKEN BY THE ARRONDISSEMENTSRECHTBANK , UTRECHT , IN THE JUDGMENT CONTESTED IN THE MAIN PROCEEDINGS , CONSIDERED THAT THERE WAS NO RELATED CONSUMPTION OR USE , AS REQUIRED BY ARTICLE 4 ( 3 ) OF THE WET BEPERKING CADEAUSTELSEL , IN THE CASE OF ENCYCLOPAEDIAS SOLD AND THE BOOKS OFFERED AS FREE GIFTS AND THAT THE SALES PROMOTION SCHEME OPERATED BY OOSTHOEK THEREFORE CONSTITUTED AN INFRINGEMENT OF THAT LAW . HOWEVER , SINCE OOSTHOEK CLAIMED THAT THE WET BEPERKING CADEAUSTELSEL 1977 WAS INCOMPATIBLE WITH ARTICLES 30 AND 34 OF THE EEC TREATY , THE GERECHTSHOF , AMSTERDAM , CONSIDERED IT NECESSARY TO REQUEST THE COURT TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTION :
' ' IS IT COMPATIBLE WITH COMMUNITY LAW ( ESPECIALLY WITH THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS ) FOR A PUBLISHER WHO , BY OFFERING FREE GOODS IN THE FORM OF BOOKS , SEEKS TO PROMOTE SALES OF VARIOUS REFERENCE WORKS , WHICH ARE INTENDED FOR THE ENTIRE DUTCH-SPEAKING AREA AND ORIGINATE PARTLY IN THE NETHERLANDS AND PARTLY IN BELGIUM , TO HAVE TO DISCONTINUE IN THE NETHERLANDS THAT METHOD OF PROMOTING SALES , WHICH IS ALLOWED IN BELGIUM , OWING TO THE NETHERLANDS WET BEPERKING CADEAUSTELSEL SOLELY BECAUSE THAT LAW REQUIRES A RELATIONSHIP TO EXIST BETWEEN THE CONSUMPTION OR USE OF THE FREE GIFT AND THE PRODUCT WHICH CONSTITUTES THE BASIS FOR THE OFFERING OF THE FREE GIFT?
' '
7 IN ITS QUESTION , THE NATIONAL COURT SEEKS IN SUBSTANCE TO ASCERTAIN WHETHER ARTICLES 30 AND 34 OF THE EEC TREATY PRECLUDE THE APPLICATION BY A MEMBER STATE TO PRODUCTS FROM , OR INTENDED FOR , ANOTHER MEMBER STATE OF NATIONAL LEGISLATION WHICH PROHIBITS THE OFFERING OR GIVING , FOR SALES PROMOTION PURPOSES , OF FREE GIFTS IN THE FORM OF BOOKS TO PURCHASERS OF AN ENCYCLOPAEDIA AND REQUIRES , FOR THE APPLICATION OF AN EXCEPTION TO THAT PROHIBITION , THE EXISTENCE OF A RELATIONSHIP BETWEEN THE CONSUMPTION OR USE OF THE FREE GIFT AND THE PRODUCT SOLD .
8 IN THEIR OBSERVATIONS , THE NETHERLANDS , GERMAN AND DANISH GOVERNMENTS EXPRESS THE VIEW , IN LIMINE , THAT NATIONAL LEGISLATION SUCH AS THAT AT ISSUE HAS NO PARTICULAR IMPACT ON INTRA-COMMUNITY TRADE AND DOES NOT FALL WITHIN THE SCOPE OF ARTICLES 30 AND 34 OF THE EEC TREATY .
9 IN THAT REGARD , IT MUST BE STATED THAT THE APPLICATION OF THE NETHERLANDS LEGISLATION TO THE SALE IN THE NETHERLANDS OF ENCYCLOPAEDIAS PRODUCED IN THAT COUNTRY IS IN NO WAY LINKED TO THE IMPORTATION OR EXPORTATION OF GOODS AND DOES NOT THEREFORE FALL WITHIN THE SCOPE OF ARTICLES 30 AND 34 OF THE EEC TREATY . HOWEVER , THE SALE IN THE NETHERLANDS OF ENCYCLOPAEDIAS PRODUCED IN BELGIUM AND