IN ANY CASE THE CUSTOMERS OF DANSK SUPERMARKED DO NOT APPEAR TO HAVE BEEN NOTIFIED OF THAT FACT .
4 DANSK SUPERMARKED REFUSED TO WITHDRAW THE SERVICES FROM SALE DESPITE THE PROTESTS OF IMERCO AND THE LATTER THEN INSTITUTED PROCEEDINGS BEFORE THE BYRET ( COURT OF FIRST INSTANCE ) AARHUS AND OBTAINED A PROVISIONAL INJUNCTION DATED 22 JUNE 1978 PROHIBITING DANSK SUPERMARKED FROM SELLING THE SERVICES IN QUESTION .
5 BY A JUDGMENT OF 19 MARCH 1979 THE SOE- OG HANDELSRET I KOEBENHAVN , ( MARITIME AND COMMERCIAL COURT , COPENHAGEN ) UPHELD THAT INJUNCTION , CONSIDERING THAT DANSK SUPERMARKED ' S ACTIONS WERE IN BREACH OF APPROVED COMMERCIAL USAGE AND INFRINGED ARTICLES 1 AND 5 OF LAW NO 297 OF 14 JUNE 1974 ON MARKETING ( LOV OM MARKEDSFOERING ). THE COURT DID NOT CONSIDER IT NECESSARY TO DECIDE WHETHER THERE HAD BEEN ANY INFRINGEMENT OF THE NATIONAL PROVISIONS ON COPYRIGHT AND TRADE MARKS AS WAS FURTHER CONTENDED BY IMERCO . WITH REGARD TO THE PROVISIONS OF COMMUNITY LAW , NAMELY ARTICLES 30 AND 85 OF THE EEC TREATY AND REGULATION ( EEC ) NO 67/67 OF THE COMMISSION OF 22 MARCH 1967 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1967 , P . 10 ), UPON WHICH DANSK SUPERMARKED RELIED IN ITS DEFENCE , THE COURT DID NOT TAKE THEM INTO CONSIDERATION SINCE IT TOOK THE VIEW THAT THE INJUNCTION AGAINST DANSK SUPERMARKED WAS NOT OF SUCH A NATURE AS TO CONSTITUTE AN OBSTACLE TO THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES OF THE COMMUNITY .
6 DANSK SUPERMARKED APPEALED AGAINST THAT JUDGMENT TO THE HOEJESTERET CLAIMING THAT THE SAID PROVISIONS OF COMMUNITY LAW PRECLUDED THE APPLICATION OF THE DANISH LAW ON MARKETING UNDER WHICH THE SOE- OG HANDELSRET HAD PROHIBITED THE MARKETING OF THE SERVICES IN QUESTION . IN ORDER TO SETTLE THIS POINT THE HOEJESTERET SUBMITTED THE FOLLOWING QUESTION TO THE COURT OF JUSTICE :
' ' DO THE PROVISIONS OF THE EEC TREATY OR MEASURES IN IMPLEMENTATION THEREOF PRECLUDE THE APPLICATION TO THE CASE OF THE DANISH LAWS ON COPYRIGHT , TRADE MARKS AND MARKETING?
' '
7 THE FILE SHOWS THAT THE HOEJESTERET WISHES TO ESTABLISH BY MEANS OF THAT QUESTION WHETHER AND ON WHAT CONDITIONS THE PROVISIONS OF THE EEC TREATY MAY PRECLUDE THE APPLICATION OF PROVISIONS OF NATIONAL LAW CONCERNING ON THE ONE HAND COPYRIGHT AND TRADE-MARKS AND ON THE OTHER THOSE ON MARKETING WHICH ARE CONTAINED IN THE ABOVE-MENTIONED LAW NO 297 OF 14 JUNE 1974 .
8 THE PROVISIONS OF THE TREATY TO WHICH THAT QUESTION RELATES ARE ARTICLE 30 ON THE ELIMINATION OF QUANTITATIVE RESTRICTIONS ON IMPORTS AND MEASURES HAVING EQUIVALENT EFFECT AND ARTICLE 36 IN SO FAR AS IT CONCERNS RIGHTS TO THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY . ON THE OTHER HAND THE FILE SHOWS THAT THE PROVISIONS OF COMMUNITY LAW RELATING TO COMPETITION , NAMELY ARTICLE 85 OF THE EEC TREATY AND REGULATION NO 67/67 UPON WHICH DANSK SUPERMARKED RELIES , ARE IRRELEVANT TO