ANSWER TO THE FIRST QUESTION IS THEREFORE THAT A LAW SUCH AS THAT REFERRED TO IN THIS CASE CONSTITUTES A QUANTITATIVE RESTRICTION ON IMPORTS WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
SECOND AND THIRD QUESTIONS
14 THE SECOND AND THIRD QUESTIONS ARE FRAMED IN THE FOLLOWING TERMS :
' ' 2 . IF THE ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE , DOES THE FIRST SENTENCE OF ARTICLE 36 UPON ITS TRUE CONSTRUCTION MEAN THAT A MEMBER STATE MAY LAWFULLY IMPOSE PROHIBITIONS ON THE IMPORTATION OF GOODS FROM ANOTHER MEMBER STATE WHICH ARE OF AN INDECENT OR OBSCENE CHARACTER AS UNDERSTOOD BY THE LAWS OF THAT MEMBER STATE?
3 . IN PARTICULAR :
( I ) IS THE MEMBER STATE ENTITLED TO MAINTAIN SUCH PROHIBITIONS IN ORDER TO PREVENT , TO GUARD AGAINST OR TO REDUCE THE LIKELIHOOD OF BREACHES OF THE DOMESTIC LAW OF ALL CONSTITUENT PARTS OF THE CUSTOMS TERRITORY OF THE STATE?
( II)IS THE MEMBER STATE ENTITLED TO MAINTAIN SUCH PROHIBITIONS HAVING REGARD TO THE NATIONAL STANDARDS AND CHARACTERISTICS OF THAT STATE AS DEMONSTRATED BY THE DOMESTIC LAWS OF THE CONSTITUENT PARTS OF THE CUSTOMS TERRITORY OF THAT STATE INCLUDING THE LAW IMPOSING THE PROHIBITION , NOTWITHSTANDING VARIATIONS BETWEEN THE LAWS OF THE CONSTITUENT PARTS?
' '
IT IS CONVENIENT TO CONSIDER THESE QUESTIONS TOGETHER .
15 UNDER THE TERMS OF ARTICLE 36 OF THE TREATY THE PROVISIONS RELATING TO THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY ARE NOT TO PRECLUDE PROHIBITIONS ON IMPORTS WHICH ARE JUSTIFIED INTER ALIA ' ' ON GROUNDS OF PUBLIC MORALITY ' ' . IN PRINCIPLE , IT IS FOR EACH MEMBER STATE TO DETERMINE IN ACCORDANCE WITH ITS OWN SCALE OF VALUES AND IN THE FORM SELECTED BY IT THE REQUIREMENTS OF PUBLIC MORALITY IN ITS TERRITORY . IN ANY EVENT , IT CANNOT BE DISPUTED THAT THE STATUTORY PROVISIONS APPLIED BY THE UNITED KINGDOM IN REGARD TO THE IMPORTATION OF ARTICLES HAVING AN INDECENT OR OBSCENE CHARACTER COME WITHIN THE POWERS RESERVED TO THE MEMBER STATES BY THE FIRST SENTENCE OF ARTICLE 36 .
16 EACH MEMBER STATE IS ENTITLED TO IMPOSE PROHIBITIONS ON IMPORTS JUSTIFIED ON GROUNDS OF PUBLIC MORALITY FOR THE WHOLE OF ITS TERRITORY , AS DEFINED IN ARTICLE 227 OF THE TREATY , WHATEVER THE STRUCTURE OF ITS CONSTITUTION MAY BE AND HOWEVER THE POWERS OF LEGISLATING IN REGARD TO THE SUBJECT IN QUESTION MAY BE DISTRIBUTED . THE FACT THAT CERTAIN DIFFERENCES EXIST BETWEEN THE LAWS ENFORCED IN THE DIFFERENT CONSTITUENT PARTS OF A MEMBER STATE DOES NOT THEREBY PREVENT THAT STATE FROM APPLYING A UNITARY CONCEPT IN REGARD TO PROHIBITIONS ON IMPORTS IMPOSED , ON GROUNDS OF PUBLIC MORALITY , ON TRADE WITH OTHER MEMBER STATES .
17 THE ANSWER TO THE SECOND AND THIRD QUESTIONS MUST THEREFORE BE THAT THE FIRST SENTENCE OF ARTICLE 36 UPON ITS TRUE CONSTRUCTION MEANS THAT A MEMBER STATE MAY , IN PRINCIPLE , LAWFULLY IMPOSE PROHIBITIONS ON THE IMPORTATION FROM ANY