BOTH THE WORDING AND THE PURPOSE OF ARTICLE 3 THAT THE TERMS USED IN THE GENERAL RULE LAID DOWN IN PARAGRAPH ( 1 ), CONCERNING THE SALE , DELIVERY OR MARKETING OF PRODUCTS MUST HAVE A BROAD MEANING , SO AS TO INCLUDE OPERATIONS TAKING PLACE AT THE VERY START OF THE DISTRIBUTION PROCESS . THAT INTERPRETATION IS CONFIRMED BY ARTICLE 8 OF THE REGULATION , WHICH DEALS WITH CHECKS TO ESTABLISH WHETHER PRODUCTS CONFORM TO THE QUALITY STANDARDS AND PROVIDES IN PARTICULAR FOR A CHECK BY SAMPLING ' AT ALL MARKETING STAGES AND DURING TRANSPORT ' ; THE CHECK SHOULD , IF POSSIBLE , BE MADE PRIOR TO DESPATCH FROM THE PRODUCTION AREAS WHEN THE GOOD ARE BEING PACKED OR LOADED .
10 ACCORDINGLY , IT MUST BE CONSIDERED THAT A TRADER WHO BUYS FRUIT DIRECT FROM GROWERS AND TRANSPORTS IT TO HIS PREMISES OUTSIDE THE AREA OF PRODUCTION AND UNLOADS THEM THERE IS CARRYING OUT OPERATIONS WHICH FALL WITHIN THE CONCEPT OF MARKETING , WITHIN THE MEANING OF ARTICLE 3 ( 1 ) OF REGULATION NO 1035/72 . SUCH A TRADER IS THEREFORE REQUIRED TO COMPLY WITH QUALITY STANDARDS , UNLESS ONE OF THE EXCEPTIONS PROVIDED FOR IN THE REGULATION APPLIES .
11 IN THAT CONNECTION , MR MANIGLIER MAINTAINED IN HIS WRITTEN OBSERVATIONS THAT HE TRANSPORTED THE FRUIT FROM THE AREA OF PRODUCTION TO HIS STORAGE PREMISES AND THAT THE LATTER SHOULD BE REGARDED AS A PACKING STATION WHERE THE OPERATIONS OF MEASUREMENT , LABELLING AND STANDARDIZATION WERE TO BE CARRIED OUT BEFORE THE FRUIT WAS OFFERED FOR SALE . HOWEVER , ACCORDING TO THE PROCEDURE UNDER ARTICLE 177 OF THE TREATY , IT IS THE RESPONSIBILITY NOT OF THE COURT OF JUSTICE BUT OF THE NATIONAL COURT TO MAKE THE FINDINGS OF FACT NECESSARY TO DETERMINE WHETHER , IN THIS CASE , THE CONDITIONS NECESSARY FOR THE APPLICATION OF ANY OF THE EXCEPTIONS PROVIDED FOR IN ARTICLE 3 ( 2 ) AND ( 3 ) OF REGULATION NO 1035/72 ARE SATISFIED .
12 IT MUST THEREFORE BE STATED IN REPLY TO THE QUESTION SUBMITTED THAT THE PURCHASE OF FRUIT BY A TRADER DIRECT FROM PRODUCERS AND THE TRANSPORTATION OF SUCH FRUIT TO THE TRADER ' S PREMISES LOCATED OUTSIDE THE AREA OF PRODUCTION BUT WITHIN THE SAME MEMBER STATE CONSTITUTED ACTS OF DELIVERY OR MARKETING REQUIRING COMPLIANCE WITH THE OBLIGATION TO OBSERVE THE COMMON QUALITY STANDARDS REFERRED TO IN ARTICLE 3 ( 1 ) OF REGULATION NO 1035/72 OF THE COUNCIL , UNLESS THOSE OPERATIONS FALL WITHIN ANY OF THE SITUATIONS PROVIDED FOR IN PARAGRAPHS ( 2 ) AND ( 3 ) OF THAT ARTICLE .
Decision on costs
COSTS
13 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT