HAVING IN STOCK IN ANY QUANTITY WHATSOEVER SPIRITS ( AS DEFINED ABOVE ) EITHER ON THE PREMISES TO WHICH CONSUMERS ARE ADMITTED OR IN OTHER PARTS OF THE ESTABLISHMENT AND ANY ADJOINING DWELLING , EVEN IF SUCH A PROHIBITION APPLIES WITHOUT DISTINCTION TO NATIONAL PRODUCTS AND TO IMPORTED PRODUCTS AND IS NOT INTENDED TO PROTECT NATIONAL PRODUCTION?
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' ' 2.IN THE EVENT OF QUESTION 1 BEING ANSWERED IN THE AFFIRMATIVE : MUST THE EXPRESSION MEASURES ' JUSTIFIED ON GROUNDS OF . . . THE PROTECTION OF HEALTH AND LIFE OF HUMANS ' CONTAINED IN ARTICLE 36 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY BE INTERPRETED AS MEANING THAT MEASURES SUCH AS THOSE DESCRIBED UNDER PARTS ( A ) AND ( B ) OF QUESTION I MAY OR MUST BE CONSIDERED AS JUSTIFIED ON THE GROUNDS SET OUT ABOVE IN THE OPERATIVE PART OF THIS JUDGMENT?
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FIRST QUESTION
5 THE FIRST QUESTION INQUIRES WHETHER THE CONCEPT OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS AS SET FORTH IN ARTICLE 30 OF THE EEC TREATY ALSO COVERS MEASURES PROHIBITING THE CONSUMPTION FOR PAYMENT OR FREE OF CHARGE ( QUESTION 1 ( A )) AND THE HOLDING IN STOCK ( QUESTION 1 ( B )) IN ALL PLACES OPEN TO THE PUBLIC OR IN OTHER PARTS OF THE PREMISES AND ANY DWELLING APPURTENANT THERETO , OF SPIRITS IN EXCESS OF 22* OF ALCOHOL EVEN IF SUCH PROHIBITION APPLIES WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS AND NOT INTENDED TO PROTECT DOMESTIC PRODUCTION .
6 IN THE VIEW OF THE BELGIAN GOVERNMENT THE LAW IN QUESTION DOES NOT FALL UNDER THE PROHIBITION OF ARTICLE 30 OF THE EEC TREATY BECAUSE IT HAS NO RESTRICTIVE EFFECT UPON INTRA-COMMUNITY TRADE IN THE ABSENCE OF ANY DISCRIMINATION BETWEEN IMPORTED AND DOMESTIC PRODUCTS . THE OBJECTIVE OF THE LAW OF 29 AUGUST 1919 IS A GENERAL ONE AND FORMS PART OF THE CAMPAIGN AGAINST ALCOHOLISM . THE BELGIAN GOVERNMENT POINTS OUT THAT THE BAN ON KEEPING AND CONSUMING CERTAIN SPIRITS IN PLACES OPEN TO THE PUBLIC IS INTENDED TO COMBAT ALCOHOLISM AND ITS SPREAD AND IN PARTICULAR TO PROTECT YOUTH AGAINST ITS HARMFUL EFFECTS BOTH FROM A PERSONAL AND SOCIAL POINT OF VIEW . IT THEREFORE CONSTITUTES A LEGITIMATE CHOICE OF SOCIAL POLICY IN ACCORDANCE WITH THE OBJECTIVES OF GENERAL INTEREST PURSUED BY THE TREATY . THE ABSENCE OF COMMUNITY RULES IN THE MATTER JUSTIFIES NATIONAL ACTION IN SO FAR AS IT IS CONSIDERED NECESSARY TO SATISFY IMPERATIVE REQUIREMENTS WHICH IN ANY EVENT HAVE PRECEDENCE OVER THE REQUIREMENTS OF FREE MOVEMENTS OF GOODS .
7 ARTICLE 30 OF THE EEC TREATY PROVIDES THAT QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT SHALL BE PROHIBITED BETWEEN MEMBER STATES . IT FOLLOWS THAT ANY NATIONAL MEASURE LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE IS TO BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . AS THE COURT POINTED OUT IN