INTER ALIA TO THE EFFECTIVENESS OF FISCAL CONTROLS , THE PROTECTION OF PUBLIC HEALTH , THE FAIRNESS OF COMMERCIAL TRANSACTIONS OR THE PROTECTION OF THE CONSUMER ; AND
( D)THOSE IMPERATIVES RENDER THE OBSTACLES NECESSARY .
10 ACCORDING TO THE PLAINTIFFS IN THE MAIN PROCEEDINGS THOSE CONDITIONS ARE NOT SATISFIED IN ANY OF THE THREE CASES IN WHICH MEDICINAL PREPARATIONS ARE EXCLUDED BY THE ANNEXES TO THE CONTESTED ORDER . AS REGARDS EXCLUSION OF MEDICINAL PREPARATIONS BY REASON OF THEIR PRICE ( ANNEX 1 ) THEY CLAIM THAT EVEN IF THE CONCERN TO ACHIEVE ECONOMIES IN THE COSTS OF HEALTH CARE JUSTIFIES CERTAIN RESTRICTIONS UPON THE FUNDAMENTAL RULE OF THE FREE MOVEMENT OF GOODS , A NATIONAL MEASURE WHICH ENTAILS SUCH A WIDE-RANGING PROHIBITION IS EXCESSIVE . THE DESIRED AIM COULD BE ATTAINED BY MEASURES WHICH DID NOT AFFECT THE FUNCTIONING OF THE COMMON MARKET AND COMPETITION TO SUCH AN EXTENT . AS REGARDS THE OVER-THE-COUNTER PRODUCTS ( ANNEX 2 ), THEY DENY THAT ANY OF THE IMPERATIVE REASONS ACCEPTED BY THE PREVIOUS DECISIONS OF THE COURT EXIST , IN PARTICULAR THE JUSTIFICATION BASED ON THE PROTECTION OF PUBLIC HEALTH . AS REGARDS MEDICINAL PREPARATIONS EXCLUDED FOR REASONS DESCRIBED AS ' ' PHARMACO-THERAPEUTICAL ' ' ( ANNEX 4 ), THEY ALSO DENY THAT THE CONDITIONS MENTIONED ABOVE ARE SATISFIED , CONTENDING IN PARTICULAR THAT THE OBSTACLE IS NOT THE RESULT OF ANY DISPARITY BETWEEN NATIONAL LAWS ON THE MARKETING OF THE PRODUCTS IN QUESTION .
11 THE NETHERLANDS STATE , THE DEFENDANT IN THE MAIN PROCEEDINGS , SUBMITS THAT THE PROHIBITION CONTAINED IN ARTICLE 30 CANNOT EXTEND TO MEASURES OF THE TYPE WITH WHICH THE MAIN PROCEEDINGS ARE CONCERNED . IT CONSIDERS IN THE FIRST PLACE THAT THERE IS NO QUESTION OF ANY OBSTACLE TO INTRA-COMMUNITY TRADE . WHERE A PUBLIC AUTHORITY FINANCES BY FAR THE GREATER PART OF THE CONSUMPTION OF MEDICINAL PREPARATIONS AND OTHER HEALTH-CARE PRODUCTS , IT IS IN THE POSITION OF AN ECONOMIC OPERATOR AND ACCORDINGLY IS , LIKE ANY OTHER SUCH OPERATOR , ENTITLED TO MAKE A CHOICE AND TO CHOOSE AMONG THE PREPARATIONS ON THE MARKET , GIVING PREFERENCE TO ONE RATHER THAN TO ANOTHER . WHERE , AS IN THIS CASE , THE NATIONAL AUTHORITY MADE ITS DECISION ON THE BASIS OF OBJECTIVE CONSIDERATIONS INSPIRED BY THE CONCERN TO SAFEGUARD THE QUALITY OF THE CARE , THERE CAN BE NO QUESTION OF OBSTACLES TO TRADE BETWEEN MEMBER STATES .
12 THE DEFENDANT IN THE MAIN PROCEEDINGS ADDS THAT , EVEN IF MEASURES OF THE TYPE IN QUESTION COULD BE REGARDED AS CAPABLE OF HINDERING TRADE , THEY NEVERTHELESS DO NOT CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS PROHIBITED BY ARTICLE 30 . THOSE MEASURES , WHICH APPLY WITHOUT DISTINCTION TO NATIONAL AND IMPORTED PRODUCTS , WERE ADOPTED FOR IMPERATIVE REASONS - IN THIS CASE THE RATIONALIZATION , AND THEREFORE THE CONTINUATION , OF A NATIONAL HEALTH-CARE SCHEME - WHICH , BY VIRTUE OF THE JUDGMENT OF THE COURT OF 20 FEBRUARY