RETAILERS AT THE STAGE OF SALE TO THE CONSUMERS ARE INCORPORATED IN THE MAXIMUM GROSS PROFIT MARGIN AND THEREFORE ARE SUBJECT TO A STANDARD ASSESSMENT AND NOT BASED ON THE COSTS ACTUALLY BORNE BY EACH RETAILER DOES NOT MEAN , IN ITSELF , THAT THERE IS A RISK THAT THE MECHANISM FOR FIXING PRICES AS PROVIDED FOR IN THE COMMON ORGANIZATIONS OF THE MARKET IN BEEF , VEAL AND PIGMEAT OR TRADE WITHIN THE COMMUNITY MAY BE AFFECTED , PROVIDED THAT THAT STANDARD ASSESSMENT IS NOT ARBITRARY AND , IN ANY EVENT , ALLOWS RETAILERS TO OBTAIN FAIR REMUNERATION FOR THEIR ACTIVITY .
27 IT IS ALSO FOR THE NATIONAL COURTS TO DETERMINE TO WHAT EXTENT THE SYSTEM PROVIDED FOR BY THE NATIONAL LEGISLATION , WHICH IT IS THEIR TASK TO APPLY , COMPLIES WITH THE CONDITIONS SET OUT ABOVE .
28 THE COUR D ' APPEL POINTS OUT , IN ITS JUDGMENT , THAT THE COSTS OF SALE TO THE CONSUMER VARY FROM ONE BUSINESS TO ANOTHER AND THAT CONSEQUENTLY , THE MAXIMUM GROSS PROFIT MARGIN MAY , FOR CERTAIN RETAILERS , BE SUFFICIENT TO COVER THEIR MARKETING COSTS AND TO GUARANTEE THEM A FAIR REMUNERATION , WHILST FOR OTHER RETAILERS WHO INCUR GREATER COSTS THAT SAME MARGIN MAY NOT BE SUFFICIENT .
29 IN THAT RESPECT IT MUST NEVERTHELESS BE NOTED THAT , AS THE COMMISSION HAS CORRECTLY MAINTAINED , COMMUNITY LAW DOES NOT PROHIBIT THE EXCLUSION OF A FEW RETAIL BUTCHERS FROM THE MARKET AS A RESULT OF THE IMPOSITION OF A MAXIMUM GROSS PROFIT MARGIN WHICH IS INSUFFICIENT TO COVER THEIR RETAIL SALE COSTS WHEN THOSE COSTS ARE PARTICULARLY HIGH . IT HAS NOT BEEN SHOWN THAT THE POSSIBLE DISAPPEARANCE OF A SMALL NUMBER OF RETAILERS WOULD AFFECT EITHER THE FUNCTIONING OF THE PRICE RULES OR INTRA-COMMUNITY TRADE . IF , ON THE OTHER HAND , THE NUMBER OF RETAILERS PUT INTO DIFFICULTY BY THE EFFECT OF THE MAXIMUM GROSS PROFIT MARGIN WERE CONSIDERABLE , THAT MIGHT INDICATE THAT THE LEVEL AT WHICH THE MARGIN WAS FIXED WAS INSUFFICIENT TO GUARANTEE RETAILERS A FAIR REMUNERATION FOR THEIR ACTIVITY AND , ACCORDINGLY , INCOMPATIBLE WITH THE REQUIREMENTS OF COMMUNITY LAW .
30 FOR THOSE REASONS , IN REPLY TO THE QUESTION SUBMITTED BY THE COUR D ' APPEL , BRUSSELS , IT MUST BE STATED AS FOLLOWS :
( 1 ) LEGISLATION OF A MEMBER STATE WHICH IS INTENDED TO CONTROL RETAIL PRICES OF BEEF , VEAL AND PIGMEAT AND WHICH PROHIBITS RETAILERS FROM SELLING THEIR PRODUCTS TO CONSUMERS AT A PRICE EXCEEDING THE WHOLESALE PRICE PLUS A MAXIMUM GROSS PROFIT MARGIN COVERING INTER ALIA ANY IMPORT COSTS WHICH MAY BE BORNE BY THE RETAILERS CONSTITUTES A QUANTITATIVE RESTRICTION CONTRARY TO ARTICLE 30 OF THE EEC TREATY AND TO ARTICLES 19 OF REGULATION NO 121/67 AND 22 OF REGULATION NO 805/68 ;
( 2)SUCH LEGISLATION IS ALSO INCOMPATIBLE WITH REGULATIONS NOS 121/67 AND 805/68 WHERE THE MAXIMUM GROSS PROFIT MARGIN INCORPORATES THE SUPPLY COSTS BORNE BY RETAILERS