… The defendant in the main action indicated three aims which it claimed amount to such
justification
: the protection of
public
health
, the protection of the consumer against fraud and the suppression of unfair competition. …
… Nevertheless, the ninth and tenth recitals as well as Article 3 of the directive place such measures in the category of those which are prohibited pursuant to Article 30 of the Treaty where ‘the
restrictive
effect of such measures on the
free
movement
of goods exceeds the effects intrinsic to trade rules’ and therefore, in particular, where ‘the
restrictive
effects on the
free
movement
of goods are out of proportion to their purpose’ and also where ‘the same objective can be attained by other means …
… Member States of spirits and liqueurs having a lower
alcohol
content. …