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… The order for reference explains that the prohibition at issue aims at protecting and the environment. (37) 65. The first corresponds to health concerns acknowledged in Article 36 TFEU. …

… By prohibiting quantitative restrictions on imports between Member States and all measures having equivalent effect to such , Article 34 TFEU expresses a fundamental principle guaranteeing the of goods within the European Union. (26) 43. …

… In other words, there are no other measures less of the of goods by means of which that objective could be achieved.(41) 69. As regards its appropriateness, the prohibition at issue arguably does not eliminate all the instances of unnecessary use of insecticides and rodenticides (simply because one cannot exclude unnecessary use of those products purchased at full price). …

… - Protection of the dignity of the profession of pharmacist - Prevention of the abusive consumption of medicinal products - Protection of - Directive 2000/31/EC - Electronic commerce - Article 2(a) - Information society service - Article 2(h) - Coordinated field - Article 3 - Country-of-origin principle - Derogations - - Protection of - Information and notification obligation - Directive 2001/83/EC - Community code relating to medicinal products for human …

… In that judgment, the Court examined, in the light, in turn, of the of goods and of the freedom to provide services, national rules the scope for advertising beverages. (33) The Court had proceeded in a similar manner in the judgments in De Agostini and TV-Shop (34) and ARD, (35) with regard to national rules restricting television advertising for goods. …

… It must be established, in each case, whether that activity is or is not wholly secondary in relation to the elements concerning the of goods. (28) 63. …

… The first paragraph of Article 56 TFEU deals with the of services as follows: ‘Within the framework of the provisions set out below, on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.’ 2. Directive 2006/123/EC (5) 9. According to Article 1: ‘1. …

… (a) 72. National authorities which seek to rely on this ground of must demonstrate that their legislation is consistent with the principle of proportionality, that is to say that the restriction imposed on that ground is necessary in order to achieve the declared objective, and that that objective cannot be achieved by prohibitions or restrictions that are less extensive, or that are less disruptive of trade within the European Union. …

… Access to the places of remembrance by members of the deceased’s family was subject to their acceptance of an internal code of conduct requiring them to comply with rules of good manners, propriety and dignity, a ban on the consumption of beverages and an obligation to dress smartly. 21. Antonia Dall’Antonia was a potential customer of Memoria Srl, as she was planning to have her husband’s body cremated and his ashes transferred to one of its facilities. 22. …

… The Commission also submits that, by adopting a provision like Article 575 H GTC and applying it in such a way that it the of goods, the French Republic has failed to fulfil the obligations derived from Article 34 TFEU. …

… Although the French provision concerned refers to the possession of tobacco independently of the place of its purchase, the Commission submits that this has the effect of obstructing the purchase of tobacco in other Member States and, therefore, the of goods. …

… In points 23 and 24 of this Opinion, I pointed out, in the light of a literal and systematic interpretation of Directive 92/12, that the directive has laid down minimum quantitative thresholds per person and per category of product specifically to preclude the establishment of national criteria which have the effect, ultimately, of excessively the of goods, in this case, tobacco and beverages. …

… Thirdly, a ‘stealthy’ extension of the scope of Directive 2001/83 to include extraneous products would be detrimental to the of goods. 44. Indications of a more interpretation of the term ‘medicinal product’ can be seen in the case-law. …

… Unjustified of the of goods 72. Under Article 28 EC, quantitative on imports and all measures having equivalent effect are prohibited between Member States. Measures having equivalent effect to a quantitative restriction are all rules and measures enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade. (47) 73. …

… (footnote 8), p. 9, 10, therefore take the view that a Member State cannot rely successfully on the of safeguarding if the danger in question is only potential and not real. 54- See Case C-17/93 van der Veldt [1994] ECR I-3537, paragraph 17, according to which the fact that there is a risk to consumers is sufficient to make legislation of the kind at issue compatible with the requirements of Article 30 EC. …

… This problem appears to be even greater as many national measures examined by the Court from the perspective of the of goods can also be treated as on the other freedoms of movement. (37) 34. …

… Therefore, such a concern can be taken into consideration only in connection with other requirements expressly recognised as being overriding requirements, such as the protection of and consumer protection. 2. based on the protection of 56. Included among the grounds set out in Article 30 EC which may be invoked by way of is the protection of health of humans. (55) 57. …

… Secondly, while this case-law aims to facilitate the application of the principle of of goods, its application has appeared to be very complex. …

… It submits that the rule in question is compatible with that provision because it applies without discrimination, and because even if it constitutes a on the of goods that is justified on the public interest grounds of prevention of fraud and unfair competition. 20. …

… Ms Müller submits that the national requirement to indicate separately the fact that the period of minimum durability has expired constitutes a on the of goods inasmuch as it requires an additional operation which increases distribution costs. That is not covered by the exceptions provided for in Directive 2000/13. …

… In the light of the foregoing, it is not necessary to examine the second relied on by the Austrian Government, concerning the need to protect . 38. In those circumstances, the answer to the question referred must be that Directive 2000/13 does not preclude a national rule which provides that, where the period of minimum durability of a foodstuff has expired, that fact must be indicated separately, clearly and in a generally intelligible manner. …

… Article 56(1) of the EC Treaty, which by virtue of Article 66 applies to matters covered by Article 59, provides for an exception similar to that contained in Article 36 in respect of on the of goods: Article 59 may not prejudice the applicability of legislation 'providing for special treatment for foreign nationals on grounds of policy, security or ‘. 76. …

… Another point which may be briefly mentioned is the Commission's suggestion at the hearing to the effect that the advertising ban might be examined primarily as a possible on the of periodicals, entailing consequential on the of beverages and the freedom to provide advertising services. 24. …

… However, from the facts as presented to the Court, there does not appear to be any on the sale in Sweden of foreign periodicals containing advertisements for beverages. I consider that the alleged of of goods ( beverages) and of freedom to provide services are sufficiently independent of one another to be treated separately. Articles 30 and 36 of the EC Treaty - Inclusion within the scope of Article 30 25. …

… of goods - Quantitative - Measures having equivalent effect - - Protection of - Legal context of assessment - Article 36 of the Treaty (EEC Treaty, Arts 30 and 36) 2. Free movement of goods - Derogations - Prohibition of discriminatory or protective measures - Scope - Measures limited to a part of the national territory - Whether included (EEC Treaty, Art. 36) 3. …

… Since the majority of Catalan- produced beverages have an content of less than 23 degrees, the measure at issue should be regarded as discriminatory and protective in nature, inasmuch as it seeks to discourage the consumption of beverages with a high content and thus places at a disadvantage beverages originating outside Catalonia, and inasmuch, on the other hand, as it does not restrict the advertising of beverages with a lower content, thus protecting locally-produced …

… The fact that that part of the national territory produces more beverages having an strength of less than 23 degrees than beverages with a higher content is not in itself sufficient to cause legislation to be regarded as not satisfying the requirements of Article 36. …

… of goods - Quantitative - Measures having equivalent effect - Pharmacists' monopoly - Extent - Medicinal products within the meaning of Directive 65/65 - Presumption of - Other products - - Protection of or of consumers - Examination by national court (EEC Treaty, Arts 30 and 36; Council Directive 65/65) Summary 1. …

… of goods. 36 Similarly, the Member States may, subject to the same reservation, impose on the sale or marketing of products not covered by Directive 65/65, whether they be other medicinal products or substances, pharmaceutical compositions or other products similar to them (judgments in Van Bennekom, supra, and in Case 35/85 Tissier [1986] ECR 1207). 37 As the Court has already held, legislation which restricts or prohibits certain forms of advertising and certain means of …

… Approximation of laws - Proprietary medicinal products - Definition of medicinal product given in Directive 65/65 - Application by the national authorities to eosin of a strength of 2% and modified of a strength of 70% - Criteria (Council Directive 65/65, Art. 1(2)) 3. …