1 . FREE MOVEMENT OF GOODS - EXCEPTIONS - PUBLIC POLICY - MEANING - CONSIDERATIONS OF CONSUMER PROTECTION - EXCLUSION
( EEC TREATY , ARTS 30 AND 36 )
2.FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION ON UNFAIR COMPETITION - LAWFUL USE OF A DISTINCTIVE SYMBOL IN A MEMBER STATE - PROHIBITION OF ITS USE IN ANOTHER MEMBER STATE - NOT PERMISSIBLE - CONDITIONS
( EEC TREATY , ART . 30 )
1 . WHATEVER INTERPRETATION IS TO BE GIVEN TO THE TERM ' ' PUBLIC POLICY ' ' IN ARTICLE 36 OF THE EEC TREATY , IT CANNOT BE EXTENDED SO AS TO INCLUDE CONSIDERATIONS OF CONSUMER PROTECTION . SUCH CONSIDERATIONS MAY IN CERTAIN CIRCUMSTANCES BE TAKEN INTO ACCOUNT IN ESTABLISHING WHETHER NATIONAL MEASURES APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS ARE CAUGHT BY THE PROHIBITIONS LAID DOWN IN ARTICLE 30 ; THEY CANNOT , HOWEVER , SERVE TO JUSTIFY RESTRICTIONS ON IMPORTS UNDER ARTICLE 36 .
2.THE PROHIBITIONS LAID DOWN IN ARTICLE 30 OF THE EEC TREATY APPLY TO A MEMBER STATE ' S LEGISLATION ON UNFAIR COMPETITION IN SO FAR AS IT MAKES IT POSSIBLE TO PROHIBIT THE USE , BY AN UNDERTAKING ESTABLISHED IN ANOTHER MEMBER STATE , OF A DISTINCTIVE SYMBOL LAWFULLY USED IN THAT OTHER MEMBER STATE , ON THE SOLE GROUND THAT THE SYMBOL WAS FORMERLY USED BY A GROUP OF UNDERTAKINGS TO WHICH IT BELONGED , IN COMMON WITH AN UNDERTAKING ESTABLISHED IN THE FIRST MEMBER STATE WHICH HAS SINCE BEEN WOUND UP , AND THAT THE SYMBOL MIGHT THEREFORE BE REGARDED BY THE PUBLIC AS A REFERENCE TO THE DEFUNCT UNDERTAKING OR GROUP .