OR OTHER SERIOUS AND EFFECTIVE MEASURES INTENDED TO PREVENT THE DISTRIBUTION OF SUCH GOODS IN ITS TERRITORY .
16 IT FOLLOWS THAT A MEMBER STATE MAY NOT RELY ON GROUNDS OF PUBLIC MORALITY IN ORDER TO PROHIBIT THE IMPORTATION OF GOODS FROM OTHER MEMBER STATES WHEN ITS LEGISLATION CONTAINS NO PROHIBITION ON THE MANUFACTURE OR MARKETING OF THE SAME GOODS ON ITS TERRITORY .
17 IT IS NOT FOR THE COURT , WITHIN THE FRAMEWORK OF THE POWERS CONFERRED UPON IT BY ARTICLE 177 OF THE EEC TREATY , TO CONSIDER WHETHER , AND TO WHAT EXTENT , THE UNITED KINGDOM LEGISLATION CONTAINS SUCH A PROHIBITION . HOWEVER , THE QUESTION WHETHER OR NOT SUCH A PROHIBITION EXISTS IN A STATE COMPRISED OF DIFFERENT CONSTITUENT PARTS WHICH HAVE THEIR OWN INTERNAL LEGISLATION , CAN BE RESOLVED ONLY BY TAKING INTO CONSIDERATION ALL THE RELEVANT LEGISLATION . ALTHOUGH IT IS NOT NECESSARY , FOR THE PURPOSES OF THE APPLICATION OF THE ABOVE-MENTIONED RULE , THAT THE MANUFACTURE AND MARKETING OF THE PRODUCTS WHOSE IMPORTATION HAS BEEN PROHIBITED SHOULD BE PROHIBITED IN THE TERRITORY OF ALL THE CONSTITUENT PARTS , IT MUST AT LEAST BE POSSIBLE TO CONCLUDE FROM THE APPLICABLE RULES , TAKEN AS A WHOLE , THAT THEIR PURPOSE IS , IN SUBSTANCE , TO PROHIBIT THE MANUFACTURE AND MARKETING OF THOSE PRODUCTS .
18 IN THIS INSTANCE , IN THE ACTUAL WORDING OF ITS FIRST QUESTION THE HIGH COURT TOOK CARE TO DEFINE THE SUBSTANCE OF THE NATIONAL LEGISLATION THE COMPATIBILITY OF WHICH WITH COMMUNITY LAW IS A QUESTION WHICH IT PROPOSES TO DETERMINE . THUS IT REFERS TO RULES IN THE IMPORTING MEMBER STATE UNDER WHICH THE GOODS IN QUESTION MAY BE MANUFACTURED FREELY AND MARKETED SUBJECT ONLY TO CERTAIN RESTRICTIONS , WHICH IT SETS OUT EXPLICITLY , NAMELY AN ABSOLUTE PROHIBITION ON THE TRANSMISSION OF SUCH GOODS BY POST , A RESTRICTION ON THEIR PUBLIC DISPLAY AND , IN CERTAIN AREAS OF THE MEMBER STATE CONCERNED , A SYSTEM OF LICENSING OF PREMISES FOR THE SALE OF THOSE GOODS TO CUSTOMERS AGED 18 YEARS AND OVER . SUCH RESTRICTIONS CANNOT HOWEVER BE REGARDED AS EQUIVALENT IN SUBSTANCE TO A PROHIBITION ON MANUFACTURE AND MARKETING .
19 AT THE HEARING , THE UNITED KINGDOM AGAIN STRESSED THE FACT THAT AT PRESENT NO ARTICLES COMPARABLE TO THOSE IMPORTED BY CONEGATE ARE MANUFACTURED ON UNITED KINGDOM TERRITORY , BUT THAT FACT , WHICH DOES NOT EXCLUDE THE POSSIBILITY OF MANUFACTURING SUCH ARTICLES AND WHICH , MOREOVER , WAS NOT REFERRED TO BY THE HIGH COURT , IS NOT SUCH AS TO LEAD TO A DIFFERENT ASSESSMENT OF THE SITUATION .
20 IN REPLY TO THE FIRST QUESTION IT MUST THEREFORE BE STATED THAT A MEMBER STATE MAY NOT RELY ON GROUNDS OF PUBLIC MORALITY WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY IN ORDER TO PROHIBIT THE IMPORTATION OF CERTAIN GOODS ON THE GROUNDS THAT THEY ARE INDECENT OR OBSCENE , WHERE THE SAME GOODS MAY BE MANUFACTURED FREELY