CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
17 IT REMAINS TO BE CONSIDERED WHETHER , AS THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG CONTENDS , ARTICLE 36 OF THE TREATY MAY BE INTERPRETED AS JUSTIFYING SUCH AN OBLIGATION ON GROUNDS OF PUBLIC HEALTH . IT HAS BEEN ARGUED THAT THE OBLIGATION AT ISSUE CONSTITUTES A MEASURE WHICH IS ESSENTIAL FOR THE PROTECTION OF THE HEALTH AND LIFE OF PERSONS RESIDING IN THE GRAND DUCHY . THE MEASURE IS SAID TO BE ESSENTIAL IF THE LUXEMBOURG HEALTH AUTHORITIES ARE TO BE IN A POSITION TO CHECK WHETHER MEDICINAL PRODUCTS ARE IN A GOOD CONDITION , TO WITHDRAW CONSIGNMENTS WHICH DO NOT COMPLY WITH THE CONDITIONS LAID DOWN IN THE MARKETING AUTHORIZATION , TO ENSURE REGULAR SUPPLIES TO THE MARKET , TO DETECT ILLEGAL SALES OF TOXIC SUBSTANCES AND , LASTLY , TO SUPERVISE THE GRANTING OF ANY DISCOUNTS OR OTHER ADVANTAGES ON WHOLESALE TRANSACTIONS .
18 THE PLAINTIFFS IN THE MAIN PROCEEDINGS , THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE COMMISSION CLAIMED , ABOVE ALL AT THE HEARING , THAT NONE OF THE ABOVE FIVE GROUNDS PUT FORWARD BY THE LUXEMBOURG GOVERNMENT COULD JUSTIFY THE CONTESTED DECISION . THEY ARGUED THAT THE SAME RESULT COULD BE ACHIEVED BY LESS RESTRICTIVE MEASURES , SUCH AS COOPERATION BETWEEN THE MEMBER STATES AND THE EXTENSION OF CERTAIN SPECIFIC CHECKS AT FRONTIERS OR IN PHARMACIES . THE CONTESTED REQUIREMENT WAS THEREFORE OUT OF PROPORTION TO THE OBJECTIVE WHICH IT WAS INTENDED TO ACHIEVE .
19 THE PRINCIPLE UNDERLYING THE ARGUMENTS PUT FORWARD BY THE LUXEMBOURG GOVERNMENT CANNOT BE CONTESTED . IN THE ABSENCE OF A SUFFICIENT DEGREE OF HARMONIZATION AT COMMUNITY LEVEL , EVERY MEMBER STATE IS ENTITLED TO ADOPT APPROPRIATE MEASURES IN ORDER TO ENSURE THE PROTECTION OF PUBLIC HEALTH ON ITS TERRITORY . HOWEVER , SUCH MEASURES ARE JUSTIFIED ONLY IF IT CAN BE SHOWN THAT THEY ARE NECESSARY FOR THE ATTAINMENT OF THAT OBJECTIVE , REFERRED TO IN ARTICLE 36 OF THE TREATY , AND THAT SUCH OBJECTIVE CANNOT BE ATTAINED BY MEASURES WHICH ARE LESS RESTRICTIVE OF INTRA-COMMUNITY TRADE .
20 WITH REGARD TO THE FIRST ARGUMENT , CONCERNING THE NEED TO CHECK THAT THE MEDICINAL PRODUCTS ARE IN A GOOD CONDITION , IT MUST BE POINTED OUT THAT WHERE A SUPPLIER IN ONE MEMBER STATE SUPPLIES PHARMACIES IN ANOTHER MEMBER STATE DIRECTLY , THE AUTHORITIES IN THE LATTER STATE HAVE SEVERAL OPPORTUNITIES OF CHECKING THAT THE MEDICINAL PRODUCTS ARE IN A GOOD CONDITION WITHOUT REQUIRING THE SUPPLIER TO HAVE AT HIS DISPOSAL PREMISES AND EQUIPMENT IN THE IMPORTING MEMBER STATE . TO THAT END , COOPERATION AND EXCHANGE OF INFORMATION BETWEEN THE AUTHORITIES OF THE TWO MEMBER STATES WILL MAKE IT POSSIBLE TO ENSURE THAT THE PRODUCTS AT ISSUE ARE IN A GOOD CONDITION BEFORE THEIR IMPORTATION . IN ACCORDANCE WITH ARTICLE 26 OF DIRECTIVE 75/319 , THE INSPECTORS OF THE IMPORTING MEMBER STATE CAN ALSO CHECK THE CONDITION OF MEDICINAL PRODUCTS STOCKED