ITS JUDGMENT OF 10 JULY 1980 IN CASE 152/78 COMMISSION V FRENCH REPUBLIC ( 1980 ) ECR 2299 , EVEN THOUGH A LAW ON THE MARKETING OF PRODUCTS DOES NOT DIRECTLY CONCERN IMPORTS , IT MAY , ACCORDING TO THE CIRCUMSTANCES , AFFECT PROSPECTS FOR IMPORTING PRODUCTS FROM OTHER MEMBER STATES AND THUS FALL UNDER THE PROHIBITION IN ARTICLE 30 OF THE TREATY .
8 MOREOVER ACCORDING TO ARTICLE 3 OF COMMISSION DIRECTIVE 70/50 OF 22 DECEMBER 1969 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1970 ( I ) P . 17 ) ON THE ABOLITION OF MEASURES WHICH HAVE AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS AND ARE NOT COVERED BY OTHER PROVISIONS ADOPTED IN PURSUANCE OF THE EEC TREATY , THE PROHIBITION IN ARTICLE 30 OF THE TREATY ALSO COVERS NATIONAL MEASURES GOVERNING THE MARKETING OF PRODUCTS EVEN THOUGH EQUALLY APPLICABLE TO DOMESTIC AND IMPORTED PRODUCTS , WHERE THE RESTRICTIVE EFFECT OF SUCH MEASURES ON THE FREE MOVEMENT OF GOODS EXCEEDS THE EFFECTS INTRINSIC TO TRADE RULES .
9 THAT IS NOT HOWEVER THE CASE WITH A LEGISLATIVE PROVISION CONCERNING ONLY THE SALE OF STRONG SPIRITS FOR CONSUMPTION ON THE PREMISES IN ALL PLACES OPEN TO THE PUBLIC AND NOT CONCERNING OTHER FORMS OF MARKETING THE SAME DRINKS . IT IS TO BE OBSERVED IN ADDITION THAT THE RESTRICTIONS PLACED ON THE SALE OF THE SPIRITS IN QUESTION MAKE NO DISTINCTION WHATSOEVER BASED ON THEIR NATURE OR ORIGIN . SUCH A LEGISLATIVE MEASURE HAS THEREFORE IN FACT NO CONNECTION WITH THE IMPORTATION OF THE PRODUCTS AND FOR THAT REASON IS NOT OF SUCH A NATURE AS TO IMPEDE TRADE BETWEEN MEMBER STATES .
10 THE SAME CONSIDERATIONS ALSO APPLY TO THE PROHIBITION OF KEEPING THE DRINKS IN QUESTION IN PREMISES APPURTENANT TO THE ESTABLISHMENT OPEN TO THE PUBLIC . IN SO FAR AS THAT PROVISION IS ANCILLARY TO THE PROHIBITION OF CONSUMPTION ON THE PREMISES ITS EFFECT CANNOT BE TO RESTRICT THE IMPORTATION OF PRODUCTS ORIGINATING IN OTHER MEMBER STATES .
11 THE FIRST QUESTION MUST THEREFORE BE ANSWERED TO THE EFFECT THAT THE CONCEPT IN ARTICLE 30 OF THE EEC TREATY OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS IS TO BE UNDERSTOOD AS MEANING THAT THE PROHIBITION LAID DOWN BY THAT PROVISION DOES NOT COVER A NATIONAL MEASURE APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS WHICH PROHIBITS THE CONSUMPTION , SALE OR OFFERING EVEN WITHOUT CHARGE OF SPIRITUOUS BEVERAGES OF A CERTAIN ALCOHOLIC STRENGTH FOR CONSUMPTION ON THE PREMISES IN ALL PLACES OPEN TO THE PUBLIC AS WELL AS THE STOCKING OF SUCH DRINKS ON PREMISES TO WHICH CONSUMERS ARE ADMITTED OR IN OTHER PARTS OF THE ESTABLISHMENT OR IN THE DWELLING APPURTENANT THERETO , IN SO FAR AS THE LATTER PROHIBITION IS COMPLEMENTARY TO THE PROHIBITION OF CONSUMPTION ON THE PREMISES .
SECOND QUESTION
12 SINCE THE SECOND QUESTION WAS PUT ONLY IN THE EVENT OF AN ANSWER IN THE AFFIRMATIVE TO THE FIRST QUESTION , IT DOES NOT CALL