QUESTION TO THE COURT FOR A PRELIMINARY RULING :
' DO THE COMMUNITY PRINCIPLES OF EQUAL TREATMENT AND NON-DISCRIMINATION AS EXPRESSED IN PARTICULAR IN ARTICLES 3 ( F ) AND 7 OF THE EEC TREATY PROHIBIT THE ENACTMENT OF LEGISLATION IN A MEMBER STATE CREATING IN A SINGLE SECTOR , NAMELY THE BOOK TRADE , FOR PRODUCTS WHICH ARE IDENTICAL OR SIMILAR , A DOUBLE SYSTEM OF PRICES CONSISTING OF :
( I ) FIXED PRICES WHICH MAY NOT BE REDUCED BY MORE THAN 5% FOR BOOKS PUBLISHED AND SOLD AS SUCH WITHOUT HAVING CROSSED A COMMUNITY BORDER AT THE MARKETING STAGE ;
( II ) NON-REGULATED PRICES , IN PRINCIPLE WITHOUT ANY LIMIT , INTER ALIA FOR BOOKS PUBLISHED IN FRANCE AND REIMPORTED FROM ANOTHER MEMBER STATE?
'
7 IN SO FAR AS THE QUESTION REFERS TO ARTICLE 3 ( F ) OF THE EEC TREATY CONCERNING ' THE INSTITUTION OF A SYSTEM ENSURING THAT COMPETITION IN THE COMMON MARKET IS NOT DISTORTED ' , IT MUST BE POINTED OUT THAT THE COURT HAS ALREADY GIVEN A RULING IN ITS JUDGMENT OF 10 JANUARY 1985 ON THE INTERPRETATION OF ARTICLES 3 ( F ), 5 AND 85 OF THE EEC TREATY WITH REGARD TO NATIONAL LEGISLATION AND RULES CONCERNING THE FIXING OF THE RETAIL SELLING PRICE OF BOOKS BY PUBLISHERS OR IMPORTERS . IT IS NOT APPARENT FROM THE JUDGMENT OF THE TRIBUNAL D ' INSTANCE , BRESSUIRE , THAT THAT COURT INTENDED TO PUT THAT QUESTION BEFORE THE COURT OF JUSTICE ONCE AGAIN . IT IS THEREFORE NOT NECESSARY TO EXAMINE THE ARGUMENTS CONCERNING THE ELIMINATION OF FREE COMPETITION CONCERNING PRICES PUT FORWARD BY MR COGNET DURING THE ORAL PROCEEDINGS .
8 THE QUESTION REFERRED TO THE COURT OF JUSTICE SEEKS TO ASCERTAIN WHETHER BY VIRTUE OF THE PRINCIPLES OF EQUALITY AND NON-DISCRIMINATION CONTAINED IN THE EEC TREATY AND IN PARTICULAR IN ARTICLE 7 THEREOF IT IS NOT PERMISSIBLE FOR LEGISLATION OF A MEMBER STATE TO BRING ABOUT A SITUATION IN WHICH , ON THE RETAIL SALE OF BOOKS PUBLISHED AND PRINTED IN THAT MEMBER STATE , THERE IS A DIFFERENCE IN TREATMENT DEPENDING ON WHETHER THE BOOKS ARE PUT ON TO THE MARKET OF THAT MEMBER STATE DIRECTLY OR WHETHER THEY WERE REIMPORTED AFTER FIRST BEING EXPORTED TO ANOTHER MEMBER STATE , THE SELLING PRICE IN THE FORMER CASE BEING FIXED AND IN THE LATTER UNREGULATED .
9 SUCH A DIFFERENCE IN TREATMENT RELATES TO A DISTINCTION BETWEEN GOODS ACCORDING TO THE WAY IN WHICH THEY ARE MARKETED AND BETWEEN RETAILERS ACCORDING TO THE GOODS WHICH THEY SELL . ON THE OTHER HAND , IN SUCH A SITUATION NO DISTINCTION IS MADE BETWEEN TRADERS ACCORDING TO THEIR NATIONALITY OR EVEN ACCORDING TO THE PLACE IN WHICH THEY ARE ESTABLISHED . THERE IS THEREFORE NO ' DISCRIMINATION ON GROUNDS OF NATIONALITY ' , EVEN DISGUISED OR INDIRECT , WITHIN THE MEANING OF ARTICLE 7 OF THE EEC TREATY .
10 IT SHOULD BE ADDED THAT ARTICLE 30 OF