WHETHER SUCH PROTECTION ACCORDS WITH THE RULES OF THE TREATY ON THE FREE MOVEMENT OF GOODS SHOULD BE CONFINED TO THE WAY IN WHICH THAT PROTECTION IS PROVIDED IN NETHERLANDS LAW , AS DESCRIBED IN THE JUDGMENT OF THE GERECHTSHOF .
6 THAT JUDGMENT SHOWS THAT , SUBJECT TO THE ANSWER TO BE GIVEN TO THE QUESTION RAISED , THE GERECHTSHOF IS PREPARED TO UPHOLD THE INJUNCTION AGAINST THE MARKETING IN THE NETHERLANDS OF PRODUCTS WHICH IT PRESUMES HAVE BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE .
7 SUCH AN INJUNCTION CONSTITUTES AN OBSTACLE TO THE FREE MOVEMENT OF GOODS BETWEEN THE MEMBER STATES AND IN PRINCIPLE IS CAUGHT BY ARTICLE 30 WHICH PROHIBITS ALL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS . HOWEVER , THE COURT HAS REPEATEDLY HELD ( FOR EXAMPLE , IN THE JUDGMENT OF 20 FEBRUARY 1979 IN CASE 120/1978 , THE CASSIS DE DIJON CASE , ( 1979 ) ECR 649 AND IN THE JUDGMENT OF 17 JUNE 1981 IN CASE 113/80 COMMISSION V IRELAND ( 1981 ) ECR 1625 ) THAT IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF PRODUCTS , OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN NATIONAL LEGISLATION MUST BE ACCEPTED IN SO FAR AS SUCH LEGISLATION , APPLYING WITHOUT DISCRIMINATION TO BOTH DOMESTIC AND IMPORTED PRODUCTS , MAY BE JUSTIFIED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO THE PROTECTION OF CONSUMERS AND FAIRNESS IN COMMERCIAL TRANSACTIONS . THEREFORE THE PROTECTION AGINST IMITATION PROVIDED IN THE WAY DESCRIBED IN THE JUDGMENT MAKING THE REFERENCE FOR A PRELIMINARY RULING MUST BE EXAMINED TO DETERMINE WHETHER IT MEETS THOSE CONDITIONS .
8 ALTHOUGH THE MAIN ACTION CONCERNS THE PROTECTION OF A PRODUCT MANUFACTURED IN A NON-MEMBER COUNTRY AGAINST THE MARKETING OF A PRODUCT MANUFACTURED IN A MEMBER STATE , ACCORDING TO THE NATIONAL COURT THE APPLICATION OF CASE-LAW DOES NOT DEPEND ON COUNTRY OF ORIGIN OF THE PRODUCT IMITATED AND COUNTRY OF ORIGIN OF THE IMITATION . WHAT IS MORE , THERE IS NOTHING IN THE JUDGMENT OF THE NATIONAL COURT FROM WHICH IT MAY BE INFERRED THAT THAT CASE-LAW IS APPLIED IN A MANNER ADAPTED TO THE SPECIFIC NEEDS OF NATIONAL PRODUCTS THEREBY PUTTING IMPORTED PRODUCTS AT A DISADVANTAGE . THEREFORE IT MUST BE ASSUMED THAT THE CASE-LAW REFERRED TO BY THE NATIONAL COURT APPLIES WITHOUT DISTINCTION TO NATIONAL AND IMPORTED PRODUCTS .
9 NATIONAL CASE-LAW PROHIBITING THE PRECISE IMITATION OF SOMEONE ELSE ' S PRODUCT WHICH IS LIKELY TO CAUSE CONFUSION MAY INDEED PROTECT CONSUMERS AND PROMOTE FAIR TRADING ; THESE ARE GENERAL INTERESTS WHICH , ACCORDING TO THE DECISIONS OF THE COURT CITED ABOVE , MAY JUSTIFY THE EXISTENCE OF OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN NATIONAL LAWS RELATING TO THE MARKETING OF PRODUCTS . THAT SUCH A RULE DOES MEET MANDATORY REQUIREMENTS IS MOREOVER BORNE OUT BY THE FACT THAT IT ACCORDS WITH THE PRINCIPLE UNDERLYING ARTICLE 10 BIS