IMPLEMENTATION OF THAT LAW . THE FILE SHOWS THAT THE TRADER IN QUESTION HAD BOUGHT THE PRODUCTS WHICH ARE THE SUBJECT-MATTER OF THE CRIMINAL PROCEEDINGS FROM PRODUCERS WHO ARE AFFILIATED TO THE N.A.K.S .
3 ARTICLE 87 ( 1 ) OF THE LAW ON SEED FOR SOWING AND STOCK FOR PLANT PROPAGATION PROVIDES THAT ' ' IT MAY BE DECIDED IN RELATION TO ANY CULTIVATED PLANT . . . THAT THE PRODUCTION , KEEPING , CULTIVATION FOR PURPOSES OTHER THAN ITS UTILIZATION IN A PERSON ' S OWN UNDERTAKING , AS WELL AS THE MARKETING , RESALE , IMPORTATION AND OFFERING FOR EXPORT OF MATERIAL FOR PROPAGATION , OR ENGAGING IN SUCH ACTIVITIES BY WAY OF TRADE SHALL BE CONFINED EXCLUSIVELY TO PERSONS AFFILIATED TO A SUPERVISORY BODY DESIGNATED FOR THAT PLANT . . . ' ' . ARTICLE 88 OF THE SAID LAW RELATING TO SUPERVISORY BODIES PROVIDES , IN THE CASE OF A MEMBER ' S FAILING TO FULFIL THE OBLIGATION IMPOSED ON HIM BY VIRTUE OF THE RULES OR GENERAL INSTRUCTIONS IN FORCE , FOR THE APPLICATION OF PENAL SANCTIONS INCLUDING PLACING HIM UNDER SUPERVISION OR TEMPORARILY SUSPENDING HIS MEMBERSHIP . AS FAR AS CHRYSANTHEMUM PLANTS ARE MORE PARTICULARLY CONCERNED ARTICLE 1 ( 1 ) ( A ) OF THE ABOVE-MENTIONED DECREE OF 5 APRIL 1967 REPEATS THE PROHIBITION LAID DOWN BY THE PROVISIONS OF THE SAID LAW BY RESERVING THE MARKETING , SALE , IMPORTATION , EXPORTATION AND OFFERING FOR EXPORT OF MATERIAL FOR THE PROPAGATION OF THESE PLANTS TO PERSONS WHO ARE AFFILIATED TO A SUPERVISORY BODY . THIS BODY , IN THIS CASE THE ABOVE-MENTIONED N.A.K.S ., WAS APPROVED BY THE MINISTER OF AGRICULTURE AND FISHERIES ON 22 DECEMBER 1967 . ARTICLE 26 OF ITS RULES PROVIDES THAT ONE OF THE ORGANS OF THE SUPERVISORY BODY , CALLED THE RAAD VAN BEROEP ( APPEALS BOARD ), THE COMPOSITION AND FUNCTIONING OF WHICH ARE GOVERNED BY SPECIAL RULES OF PROCEDURE AND THE JUDGMENTS WHEREOF ARE IN THE NATURE OF AN OPINION BINDING ON THE MEMBERS TO WHOM THEY ARE ADDRESSED , SHALL HAVE JURISDICTION TO HEAR APPEALS BY A MEMBER AGAINST DECISIONS OTHER THAN THOSE RELATING TO THE APPROVAL OF MATERIAL FOR PROPAGATION BY ONE OF THE SUPERVISORY BODY ' S OWN ORGANS .
4 IT IS IN THE LIGHT OF THESE NATIONAL RULES THAT THE NATIONAL COURT HAS REFERRED TO THE COURT FOR A PRELIMINARY RULING THE FOLLOWING QUESTIONS :
' ' 1 . MUST ARTICLES 30 TO 47 INCLUSIVE OF THE EEC TREATY AND REGULATION ( EEC ) NO 234/68 OF THE COUNCIL OF 27 FEBRUARY 1968 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 26 ), AS SUBSEQUENTLY AMENDED , IN PARTICULAR ARTICLE 10 ( 1 ) THEREOF , BE INTERPRETED AS MEANING THAT THE FOLLOWING ARE WHOLLY