ON ITS TERRITORY AND MARKETED ON ITS TERRITORY SUBJECT ONLY TO AN ABSOLUTE PROHIBITION ON THEIR TRANSMISSION BY POST , A RESTRICTION ON THEIR PUBLIC DISPLAY AND , IN CERTAIN REGIONS , A SYSTEM OF LICENSING OF PREMISES FOR THE SALE OF THOSE GOODS TO CUSTOMERS AGED 18 AND OVER .
21 THAT CONCLUSION DOES NOT PRECLUDE THE AUTHORITIES OF THE MEMBER STATE CONCERNED FROM APPLYING TO THOSE GOODS , ONCE IMPORTED , THE SAME RESTRICTIONS ON MARKETING WHICH ARE APPLIED TO SIMILAR PRODUCTS MANUFACTURED AND MARKETED WITHIN THE COUNTRY .
THE SECOND AND THIRD QUESTIONS
22 IN THE LIGHT OF THE REPLY GIVEN TO THE FIRST QUESTION , THE SECOND AND THIRD QUESTIONS NO LONGER CALL FOR AN ANSWER .
THE FOURTH QUESTION
23 CONEGATE , THE UNITED KINGDOM AND THE COMMISSION ALL TAKE THE VIEW THAT THE FOURTH QUESTION IS NOT RELEVANT TO THE SOLUTION OF THE DISPUTE IN THE MAIN PROCEEDINGS . THE GENEVA CONVENTION OF 1923 CONCERNS ONLY OBSCENE ' PUBLICATIONS ' , WHICH ARE NOT AT ISSUE IN THESE PROCEEDINGS , WHILST THE UNIVERSAL POSTAL CONVENTION CANNOT APPLY TO IMPORTED GOODS WHICH WERE NOT SENT BY POST .
24 THE COMMISSION ALSO DREW ATTENTION TO THE FACT THAT THE COURT HAS CONSISTENTLY HELD THAT IN PROTECTING ' THE RIGHTS AND OBLIGATIONS ' DERIVING FROM AGREEMENTS CONCLUDED PRIOR TO THE TREATY , ARTICLE 234 OF THAT TREATY CONCERNS ONLY THE RIGHTS AND OBLIGATIONS ESTABLISHED BETWEEN MEMBER STATES AND NON-MEMBER COUNTRIES . SUCH AGREEMENTS CANNOT THEREFORE BE RELIED UPON IN ORDER TO JUSTIFY RESTRICTIONS ON TRADE BETWEEN THE MEMBER STATES OF THE COMMUNITY .
25 THE COMMISSION ' S ARGUMENT MUST BE ACCEPTED . AS THE COURT STATED IN ITS JUDGMENT OF 14 OCTOBER 1980 ( CASE 812/79 ATTORNEY GENERAL V BURGOA ( 1980 ) ECR 2787 ), ARTICLE 234 IS INTENDED TO ENSURE THAT THE APPLICATION OF THE TREATY DOES NOT AFFECT EITHER THE DUTY TO OBSERVE THE RIGHTS OF NON-MEMBER COUNTRIES UNDER AN AGREEMENT PREVIOUSLY CONCLUDED WITH A MEMBER STATE , OR THE OBSERVANCE BY THAT MEMBER STATE OF ITS OBLIGATIONS UNDER THAT AGREEMENT . AGREEMENTS CONCLUDED PRIOR TO THE ENTRY INTO FORCE OF THE TREATY MAY NOT THEREFORE BE RELIED UPON IN RELATIONS BETWEEN MEMBER STATES IN ORDER TO JUSTIFY RESTRICTIONS ON TRADE WITHIN THE COMMUNITY .
26 IN REPLY TO THE FOURTH QUESTION IT MUST THEREFORE BE STATED THAT ARTICLE 234 OF THE TREATY MUST BE INTERPRETED AS MEANING THAT AN AGREEMENT CONCLUDED PRIOR TO THE ENTRY INTO FORCE OF THE TREATY MAY NOT BE RELIED UPON IN ORDER TO JUSTIFY RESTRICTIONS ON TRADE BETWEEN MEMBER STATES .
Decision on costs
COSTS
27 THE COSTS INCURRED BY THE UNITED KINGDOM AND THE COMMISSION , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS