. CONSEQUENTLY IT HAS EXPRESSED DOUBTS AS TO THE RELEVANCE OF THE QUESTIONS REFERRED .
4 ARTICLE 177 OF THE EEC TREATY IS BASED ON A DISTINCT SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND TRUBUNALS ON THE ONE HAND AND THE COURT OF JUSTICE ON THE OTHER HAND AND IT DOES NOT GIVE THE COURT JURISDICTION TO TAKE COGNIZANCE OF THE FACTS OF THE CASE , OR TO CRITICIZE THE REASONS FOR THE REFERENCE .
THE COURT IS ENTITLED TO PRONOUNCE ON THE INTERPRETATION OF THE TREATY AND OF ACTS OF THE INSTITUTIONS BUT CANNOT APPLY THEM TO THE CASE IN QUESTION SINCE SUCH APPLICATION FALLS WITHIN THE JURISDICTION OF THE NATIONAL COURT .
THE FIRST QUESTION
5 THE FIRST QUESTION ASKS WHETHER ARTICLE 30 ET SEQ . OF THE EEC TREATY , ARTICLE 12 OF REGULATION NO 14/64/EEC AS WELL AS ARTICLE 22 OF REGULATION ( EEC ) NO 805/68 - HAVING REGARD TO THE PROVISIONS ON THE HARMONIZATION OF LAWS ADOPTED IN ORDER TO GIVE FULL EFFECT TO THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL , BY COUNCIL DIRECTIVES NOS 64/432/EEC AND 64/433/EEC - ARE TO BE INTERPRETED AS MEANING THAT A VETERINARY AND PUBLIC HEALTH INSPECTION AT THE FRONTIER , OF A COMPULSORY AND SYSTEMATIC NATURE , CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS AND ON EXPORTS , AND IF SO , AS FROM WHICH DATE .
6 ARTICLE 30 OF THE TREATY PROHIBITS QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT BETWEEN MEMBER STATES .
ARTICLE 12 OF REGULATION NO 14/64/EEC AND ARTICLE 22 OF REGULATION NO 805/68/EEC CONTAIN , AS FAR AS THE PRODUCTS COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ARE CONCERNED SIMILAR PROHIBITIONS WHICH ENTERED INTO FORCE ON THE DATE SPECIFIED BY THESE REGULATIONS WHICH WAS IN FACT BEFORE THE END OF THE TRANSITIONAL PERIOD .
7 TO COME WITHIN THE PROHIBITION CONTAINED IN THESE PROVISIONS IT IS ENOUGH FOR THE MEASURES IN QUESTION TO BE CAPABLE OF ACTING AS A DIRECT OR INDIRECT , REAL OR POTENTIAL HINDRANCE TO IMPORTS BETWEEN MEMBER STATES . THESE CONDITIONS ARE SATISFIED AS FAR AS LIVESTOCK AND MEAT FOR HUMAN CONSUMPTION IS CONCERNED , IF COMPULSORY , VETERINARY AND PUBLIC HEALTH INSPECTIONS ARE CARRIED OUT AT THE FRONTIERS OF A MEMBER STATE . AS A RESULT IN PARTICULAR OF THE DELAYS INHERENT IN THE INSPECTIONS AND THE ADDITIONAL TRANSPORT COSTS WHICH THE IMPORTER MAY INCUR THEREBY , THE INSPECTIONS IN QUESTION ARE LIKELY TO MAKE IMPORTATION MORE DIFFICULT OR MORE COSTLY .
8 IT FOLLOWS THAT VETERINARY AND PUBLIC HEALTH INSPECTIONS AT THE FRONTIERS - WHETHER CARRIED OUT SYSTEMATICALLY OR NOT - ON THE OCCASION OF THE IMPORTATION OF ANIMALS OR MEAT INTENDED FOR HUMAN CONSUMPTION CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY , WHICH ARE PROHIBITED BY THAT PROVISION , SUBJECT TO THE EXCEPTIONS LAID DOWN BY COMMUNITY