RULED OUT THAT TO COMPEL A PRODUCER EITHER TO ADOPT ADVERTISING OR SALES PROMOTION SCHEMES WHICH DIFFER FROM ONE MEMBER STATE TO ANOTHER OR TO DISCONTINUE A SCHEME WHICH HE CONSIDERS TO BE PARTICULARLY EFFECTIVE MAY CONSTITUTE AN OBSTACLE TO IMPORTS EVEN IF THE LEGISLATION IN QUESTION APPLIES TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS WITHOUT DISTINCTION .
16 IT IS THEREFORE NECESSARY TO CONSIDER WHETHER A PROHIBITION OF A FREE GIFT SCHEME , SUCH AS THAT CONTAINED IN THE NETHERLANDS LEGISLATION , MAY BE JUSTIFIED BY REQUIREMENTS RELATING TO CONSUMER PROTECTION AND FAIR TRADING .
17 IN THAT REGARD , IT IS CLEAR FROM THE EVIDENCE BEFORE THE COURT THAT THE WET BEPERKING CADEAUSTELSEL 1977 PURSUES A TWOFOLD OBJECTIVE WHICH IS , IN THE FIRST PLACE , TO PREVENT THE DISRUPTION OF NORMAL COMPETITION BY UNDERTAKINGS WHICH OFFER PRODUCTS AS FREE GIFTS OR AT VERY LOW PRICES WITH A VIEW TO PROMOTING THE SALE OF THEIR OWN RANGE OF GOODS AND , SECONDLY , TO PROTECT CONSUMERS BY THE ATTAINMENT OF GREATER MARKET TRANSPARENCY .
18 IT IS UNDENIABLE THAT THE OFFERING OF FREE GIFTS AS A MEANS OF SALES PROMOTION MAY MISLEAD CONSUMERS AS TO THE REAL PRICES OF CERTAIN PRODUCTS AND DISTORT THE CONDITIONS ON WHICH GENUINE COMPETITION IS BASED . LEGISLATION WHICH RESTRICTS OR EVEN PROHIBITS SUCH COMMERCIAL PRACTICES FOR THAT REASON IS THEREFORE CAPABLE OF CONTRIBUTING TO CONSUMER PROTECTION AND FAIR TRADING .
19 THE QUESTION RAISED BY THE NATIONAL COURT WITH REGARD TO LEGISLATION OF THAT KIND CONCERNS , IN PARTICULAR , THE CRITERION OF RELATED CONSUMPTION OR USE THE PURPOSE OF WHICH , IN THE PRESENT CASE , IS TO DEFINE THE SCOPE OF ONE OF THE EXCEPTIONS RELAXING THE RULE WHICH IN PRINCIPLE PROHIBITS THE OFFERING OF FREE GIFTS .
20 EVEN THOUGH NO SUCH CRITERION HAS BEEN INCORPORATED IN THE LAWS OF OTHER MEMBER STATES , AND IN PARTICULAR THAT OF BELGIUM , IT DOES NOT APPEAR TO BE UNRELATED TO THE ABOVE-MENTIONED OBJECTIVES OF THE NETHERLANDS LEGISLATION OR , IN PARTICULAR , TO THE DESIRE TO ACHIEVE MARKET TRANSPARENCY TO THE EXTENT CONSIDERED NECESSARY FOR THE PROTECTION OF CONSUMERS AND TO ENSURE FAIR TRADING . ACCORDINGLY , THE INCORPORATION OF SUCH A CRITERION IN NATIONAL LEGISLATION IN ORDER TO DEFINE THE SCOPE OF AN EXCEPTION TO A RULE WHICH PROHIBITS THE OFFERING OF FREE GIFTS DOES NOT EXCEED WHAT IS NECESSARY FOR THE ATTAINMENT OF THE OBJECTIVES IN QUESTION .
21 THE ANSWER TO THE QUESTION RAISED MUST THEREFORE BE THAT ARTICLES 30 AND 34 OF THE EEC TREATY DO NOT PRECLUDE THE APPLICATION BY A MEMBER STATE TO PRODUCTS FROM , OR INTENDED FOR , ANOTHER MEMBER STATE OF NATIONAL LEGISLATION WHICH PROHIBITS THE OFFERING OR GIVING , FOR SALES PROMOTION PURPOSES , OF FREE GIFTS IN THE FORM OF BOOKS TO PURCHASERS OF AN ENCYCLOPAEDIA AND REQUIRES , FOR THE APPLICATION OF AN EXCEPTION TO THAT PROHIBITION , THE EXISTENCE OF A RELATIONSHIP BETWEEN THE CONSUMPTION OR USE OF