POTENTIAL AND ONLY THE NATIONAL COURTS ARE IN A POSITION TO DETERMINE WHETHER IT IS A REAL ONE IN RELATION TO SPECIFIC CASES .
16 AS REGARDS COSTS RELATED TO THE STAGE OF SALE TO THE CONSUMER , THE COMMISSION SEES NO OBJECTION TO THEIR BEING INCORPORATED IN A MAXIMUM GROSS PROFIT MARGIN , PROVIDED ALWAYS THAT SUCH A MEASURE DOES NOT HAVE THE EFFECT OF PREVENTING RETAILERS FROM OBTAINING A FAIR PROFIT .
17 IN ORDER TO REPLY TO THE QUESTION SUBMITTED BY THE COUR D ' APPEL , IT MUST BE BORNE IN MIND THAT , IN ITS JUDGMENT OF 17 JANUARY 1980 , THE COURT STATED THAT IN PRINCIPLE THE FIXING OF A MAXIMUM GROSS PROFIT MARGIN FOR RETAILERS TO CHARGE WHEN SELLING TO THE ULTIMATE CONSUMER WAS NOT APT TO JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKETS IN BEEF , VEAL AND PIGMEAT , SO LONG AS THAT PROFIT MARGIN WAS CALCULATED ESSENTIALLY ON THE PRICES CHARGED AT THE PRODUCTION AND WHOLESALE STAGES , SO AS NOT TO AFFECT THE FUNCTIONING OF THE PRICE SYSTEM ON WHICH THE COMMON ORGANIZATIONS OF THE MARKETS CONCERNED WERE BASED .
18 IN THE SAME JUDGMENT , THE COURT STATED THAT ' THIS IS NOT HOWEVER THE CASE WHERE THE PURCHASE PRICES TAKEN INTO CONSIDERATION DO NOT TAKE INTO ACCOUNT MARKETING AND IMPORTATION COSTS WHICH THE RETAILER HAS IN FACT BORNE BOTH AT THE SUPPLY STAGE AND AT THAT OF SALE TO CONSUMERS OR WHERE THE GROSS PROFIT MARGIN ITSELF IS FIXED AT A LEVEL WHICH , TAKING INTO ACCOUNT THE DETAILED RULES FOR THE CALCULATION OF PURCHASE PRICES , IS NOT CAPABLE OF ENSURING THAT THE RETAILER OBTAINS FAIR REMUNERATION FOR HIS ACTIVITY ' .
19 IN ORDER TO DETERMINE WHETHER A SYSTEM WHICH , LIKE THE SYSTEM REFERRED TO BY THE COUR D ' APPEL , FIXES A MAXIMUM GROSS PROFIT MARGIN COVERING AT THE SAME TIME THE COSTS OF IMPORTATION , SUPPLY AND RETAIL MARKETING , IS IN CONFORMITY WITH THE PRINCIPLES LAID DOWN BY THE COURT IN THAT JUDGMENT , IT IS NECESSARY TO CONSIDER IN THE FIRST PLACE THE EFFECT OF INCORPORATING IMPORT COSTS IN THAT MAXIMUM GROSS PROFIT MARGIN .
20 IN THAT RESPECT IT IS NECESSARY TO REFER TO THE JUDGMENT OF 29 NOVEMBER 1978 ( CASE 83/78 PIGS MARKETING BOARD ( 1978 ) ECR 2347 ), IN WHICH THE COURT STATED THAT THE PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF TARIFF AND COMMERCIAL BARRIERS TO INTRA-COMMUNITY TRADE AND IN PARTICULAR ARTICLES 30 AND 34 ON THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND OF ALL MEASURES HAVING EQUIVALENT EFFECT ON IMPORTS AND EXPORTS WERE TO BE REGARDED AS AN INTEGRAL PART OF THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , AS WAS CLEAR FROM ARTICLE 19 OF REGULATION NO 121/67 . THE SAME PRINCIPLE APPLIES EQUALLY TO THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL , GOVERNED BY REGULATION NO 805/68 , ARTICLE 22