INCOMPATIBLE THEREWITH : RULES SUCH AS THOSE CONTAINED IN ARTICLE 87 OF THE ZAAIZAAD- EN PLANTGOEDWET IN CONJUNCTION WITH THE AANSLUITINGSBESLUIT N.A.K.S ., WHICH RULES , IN THE LIGHT OF THE HISTORY OF THE LAW , ARE PRIMARILY INTENDED TO GUARANTEE THE HIGH QUALITY OF THE MATERIAL FOR CULTIVATION PUT ON THE MARKET AND PURSUANT TO WHICH RULES ANYONE WHO IS NOT AFFILIATED TO THE STICHTING NEDERLANDSE ALGEMENE KEURINGSDIENST VOOR SIERGEWASSEN IS PROHIBITED FROM PUTTING ON THE MARKET , RESELLING , IMPORTING , EXPORTING AND OFFERING FOR EXPORT BY WAY OF TRADE IN THE NETHERLANDS , MATERIAL FOR CULTIVATION OF CHRYSANTHEMUMS ( CHRYSANTHEMUM MORIFOLIUM RAM .) SUCH AS CHRYSANTHEMUM CUTTINGS IRRESPECTIVE OF WHETHER THE MATERIAL FOR CULTIVATION SATISFIES THE QUALITY REQUIREMENTS LAID DOWN BY THE SAID STICHTING?
2 . IF ARTICLES 30 TO 47 INCLUSIVE REFERRED TO ABOVE AND THE AFORESAID COUNCIL REGULATION ARE TO BE INTERPRETED AS MEANING THAT THE RULES REFERRED TO IN QUESTION 1 ARE NOT - OR NOT WHOLLY - INCOMPATIBLE THEREWITH , DO THOSE PROVISIONS OF COMMUNITY LAW ALLOW OF RULES SUCH AS THOSE DESCRIBED IN QUESTION 1 , WHEREBY FOR , IN PARTICULAR , DEALERS IN CHRYSANTHEMUM CUTTINGS , AFFILIATION TO THE SAID STICHTING IS , PURSUANT TO ITS RULES AND IN CONJUNCTION WITH THE PROVISIONS OF ARTICLES 87 AND 90 OF THE ZAAIZAAD- EN PLANTGOEDWET , CONFINED TO THOSE WHO ACCEPT THAT DECISIONS OF THE APPEALS BOARD OF THE STICHTING ON RULINGS AFFECTING THEM MADE BY A BODY OF THE STICHTING , WHICH DO NOT RELATE TO THE APPROVAL OF MATERIAL FOR PROPAGATION , HAVE THE CHARACTER OF A BINDING DECISION WHICH , UNDER NETHERLANDS LAW , PRECLUDES THE RIGHT OF APPEAL TO THE CIVIL COURTS IN PROCEEDINGS IN WHICH THE COURTS HAVE UNLIMITED JURISDICTION?
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5 ALTHOUGH THE COURT IS NOT COMPETENT IN THE CONTEXT OF A REFERENCE TO IT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TO RULE WHETHER NATIONAL LEGAL RULES ARE COMPATIBLE WITH PROVISIONS OF COMMUNITY LAW , IT DOES ON THE OTHER HAND HAVE JURISDICTION TO PROVIDE THE NATIONAL COURT WITH ALL THE FACTORS RELATING TO INTERPRETATION UNDER COMMUNITY LAW WHICH ENABLE THAT COURT TO DECIDE WHETHER THOSE NATIONAL RULES ARE COMPATIBLE WITH THE COMMUNITY RULES MENTIONED . THEREFORE THE QUESTIONS REFERRED TO THE COURT SHOULD BE REGARDED AS DESIGNED PRIMARILY TO ASCERTAIN WHETHER ARTICLES 30 TO 47 INCLUSIVE OF THE TREATY AND REGULATION ( EEC ) NO 234/68 OF THE COUNCIL OF 27 FEBRUARY 1968 PRECLUDE A MEMBER STATE FROM ADOPTING , IN THE SECTOR OF SEED FOR SOWING AND PLANTS AND MORE PARTICULARLY OF MATERIAL FOR PROPAGATION , A SERIES OF RULES OF THE KIND DESCRIBED BY THE NATIONAL COURT , RESERVING THE MARKETING , SALE , IMPORTATION , EXPORTATION OR OFFERING FOR EXPORT OF THE SAID MATERIAL SOLELY TO PERSONS WHO ARE AFFILIATED TO A SPECIFIC SUPERVISORY BODY .
6 IT IS AN ESTABLISHED FACT THAT THE PRODUCTS AT ISSUE ARE ' ' PLANTS ' ' WITHIN THE MEANING OF