OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF VARIOUS RULES OF COMMUNITY LAW , IN PARTICULAR THE PROVISIONS RELATING TO FREE COMPETITION IN THE COMMON MARKET AND ARTICLES 3 ( F ) AND 5 OF THE EEC TREATY , SO AS TO ENABLE IT TO ASSESS THE COMPATIBILITY WITH COMMUNITY LAW OF NATIONAL LEGISLATION REQUIRING ALL RETAILERS TO ABIDE BY THE SELLING PRICES FOR BOOKS FIXED BY THE PUBLISHER OR IMPORTER .
2 THE QUESTION WAS RAISED IN PROCEEDINGS BETWEEN , ON THE ONE HAND , SYNDICAT DES LIBRAIRES DE LOIRE-OCEAN AND , ON THE OTHER HAND , THE COMPANIES SAINT HERBLAIN DISTRIBUTION SA AND PARIS DISTRIBUTION SA , WHICH RUN SHOPS UNDER THE NAME ' CENTRE DISTRIBUTEUR LECLERC ' , AND ASSOCIATION DES CENTRES DISTRIBUTEURS EDOUARD LECLERC , WHICH HAS SHOPS UNDER THE SAME NAME WITH A REPUTATION FOR PURSUING A POLICY OF LOW PRICES . THE DISPUTE CONCERNS THE FAILURE BY THE CENTRES DISTRIBUTEURS LECLERC TO OBSERVE THE RETAIL PRICES FIXED PURSUANT TO LAW NO . 81-766 OF 10 AUGUST 1981 ( JOURNAL OFFICIEL DE LA REPUBLIQUE FRANSSAISE OF 11 AUGUST 1981 ).
3 UNDER THE LAW OF 10 AUGUST 1981 ALL PUBLISHERS OR IMPORTERS OF BOOKS ARE REQUIRED TO FIX RETAIL PRICES FOR THE BOOKS WHICH THEY PUBLISH OR IMPORT . RETAILERS MUST CHARGE AN EFFECTIVE PRICE FOR SALES TO THE PUBLIC OF BETWEEN 95% AND 100% OF THAT PRICE . THE LAW EXEMPTS CERTAIN PRIVATE AND PUBLIC ENTITIES , SUCH AS LIBRARIES AND EDUCATIONAL ESTABLISHMENTS , FROM HAVING TO PAY THAT PRICE AND IT AUTHORIZES CLEARANCE SALES , SUBJECT TO CERTAIN CONDITIONS . IF THE PROVISIONS OF THE LAW ARE CONTRAVENED COMPETITORS AND VARIOUS TYPES OF ASSOCIATION MAY SEEK AN INJUNCTION OR CLAIM DAMAGES ; CRIMINAL PROCEEDINGS MAY ALSO BE BROUGHT .
4 AS FAR AS IMPORTED BOOKS ARE CONCERNED , THE LAST PARAGRAPH OF ARTICLE 1 OF THE LAW PROVIDES THAT ' WHERE IMPORTED BOOKS WERE PUBLISHED IN FRANCE THE RETAIL PRICE FIXED BY THE IMPORTER SHALL BE NO LESS THAN THAT FIXED BY THE PUBLISHER ' . DECREE NO . 81-1068 OF 3 DECEMBER 1981 ( JOURNAL OFFICIEL DE LA REPUBLIQUE FRANCAISE OF 4 DECEMBER 1981 ), ISSUED PURSUANT TO THE LAW OF 10 AUGUST 1981 , FURTHER PROVIDES THAT THE PRINCIPAL DISTRIBUTOR OF IMPORTED BOOKS WHO MUST COMPLY WITH THE REQUIREMENT LAID DOWN IN ARTICLE 8 OF THE LAW OF 21 JUNE 1943 - NAMELY THE REQUIREMENT THAT A COMPLETE COPY MUST BE DEPOSITED WITH THE MINISTRY OF THE INTERIOR - IS DEEMED TO BE THE IMPORTER .
5 THE SYNDICAT DES LIBRAIRES DE LOIRE-OCEAN APPLIED TO THE TRIBUNAL DE GRANDE INSTANCE , NANTES , FOR AN INJUNCTION AGAINST THE COMPANIES SAINT HERBLAIN DISTRIBUTION AND PARIS DISTRIBUTION - WHICH ISSUED A THIRD-PARTY NOTICE AGAINST ASSOCIATION DES CENTRES DISTRIBUTEURS EDOUARD LECLERC - TO RESTRAIN THE DEFENDANTS FROM CHARGING PRICES LOWER THAN THOSE FIXED PURSUANT TO THE ABOVE-MENTIONED LEGISLATION ; THE TRIBUNAL DE GRANDE INSTANCE THEREUPON REFERRED THE FOLLOWING QUESTION TO