IT FOLLOWS FROM THE GENERAL SCHEME OF REGULATION NO 234/68 THAT AS FAR AS TRADE WITHIN THE COMMUNITY IS CONCERNED THE COMMON ORGANIZATION OF THE MARKET IN THE PRODUCTS IN QUESTION IS BASED ON COMMERCIAL TRANSACTIONS AND IS OPPOSED TO ANY NATIONAL RULE WHICH COULD HINDER DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE .
9 FOR THIS REASON ANY NATIONAL PROVISIONS OR PRACTICES WHICH COULD MODIFY THE PATTERNS OF IMPORTS AND EXPORTS BY NOT ALLOWING PRODUCERS TO MARKET THE PRODUCTS CONCERNED FREELY ARE INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET ESTABLISHED BY REGULATION NO 234/68 . ANY NATIONAL RULES AND REGULATIONS SUCH AS THOSE AT ISSUE IN THIS CASE WHICH MAKE THE FREEDOM OF TRADERS TO MARKET , RESELL , IMPORT AND EXPORT OR OFFER FOR EXPORT THE MATERIAL FOR PLANT PROPAGATION IN QUESTION CONDITIONAL ON THEIR BEING AFFILIATED TO A PUBLIC BODY OR A BODY APPROVED BY AN OFFICIAL AUTHORITY SUCH AS THE N.A.K.S . WHICH WAS REFERRED TO BY THE NATIONAL COURT , WOULD DEFINITELY BE INCOMPATIBLE WITH THAT COMMON ORGANIZATION . SUCH A RESTRICTION ON FREEDOM OF COMMERCIAL TRANSACTIONS CONTRAVENES ARTICLE 10 OF REGULATION NO 234/68 WHICH LAYS DOWN THE PRINCIPLE OF AN OPEN MARKET , UPON WHICH THE COMMON ORGANIZATION OF THE MARKET IN QUESTION IS BASED , AND MOREOVER DOES NOT SATISFY THE REQUIREMENT OF GENUINE AND EFFECTIVE COMPETITION , SINCE BY REASON OF ITS GENERAL APPLICATION TO PRODUCTS OFFERED FOR SALE BY PERSONS WHO ARE NOT AFFILIATED IT IN FACT EVEN ELIMINATES FROM THE MARKET THOSE PRODUCTS WHICH ARE OF SATISFACTORY QUALITY .
10 FOR THESE REASONS THE ANSWER TO THE FIRST QUESTION MUST BE THAT NATIONAL RULES OF THE KIND REFERRED TO BY THE NATIONAL COURT WHEREBY A MEMBER STATE , DIRECTLY OR THROUGH THE INTERMEDIARY OF BODIES ESTABLISHED OR APPROVED BY AN OFFICIAL AUTHORITY , RESERVES EXCLUSIVELY TO PERSONS AFFILIATED TO SUCH BODIES THE RIGHT TO MARKET , RESELL , IMPORT , EXPORT AND OFFER FOR EXPORT MATERIAL FOR PLANT PROPAGATION SUCH AS CHRYSAMTHEMUM PLANTS WHICH ARE COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE ESTABLISHED BY REGULATION ( EEC ) NO 234/68 OF THE COUNCIL OF 27 FEBRUARY 1968 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 26 ) AND FORBIDS PERSONS WHO ARE NOT SO AFFILIATED TO MARKET , RESELL , IMPORT , EXPORT AND OFFER FOR EXPORT SUCH PRODUCTS , WHATEVER THEIR QUALITY MAY BE , IS INCOMPATIBLE WITH THE SAID REGULATION AND ALSO WITH ARTICLES 30 AND 34 OF THE EEC TREATY .
11 HAVING REGARD TO THE ANSWER GIVEN TO THE FIRST QUESTION THERE IS NO NEED TO CONSIDER THE SECOND QUESTION .
Decision on costs
COSTS
12 THE COSTS INCURRED BY THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE