DEROGATION .
33 THE ONLY DEROGATION WHICH MAY BE CONTEMPLATED IN A CASE SUCH AS THIS IS THAT PROVIDED FOR IN ARTICLE 56 OF THE TREATY, TO WHICH ARTICLE 66 REFERS, UNDER WHICH NATIONAL PROVISIONS PROVIDING FOR SPECIAL TREATMENT FOR FOREIGN NATIONALS ESCAPE THE APPLICATION OF ARTICLE 59 OF THE TREATY IF THEY ARE JUSTIFIED ON GROUNDS OF PUBLIC POLICY .
34 IT MUST BE POINTED OUT THAT ECONOMIC AIMS, SUCH AS THAT OF SECURING FOR A NATIONAL PUBLIC FOUNDATION ALL THE REVENUE FROM ADVERTISING INTENDED ESPECIALLY FOR THE PUBLIC OF THE MEMBER STATE IN QUESTION, CANNOT CONSTITUTE GROUNDS OF PUBLIC POLICY WITHIN THE MEANING OF ARTICLE 56 OF THE TREATY .
35 HOWEVER, THE NETHERLANDS GOVERNMENT HAS STATED THAT, IN THE FINAL ANALYSIS, THE PROHIBITIONS OF ADVERTISING AND SUBTITLING HAVE A NON-ECONOMIC OBJECTIVE, NAMELY THAT OF MAINTAINING THE NON-COMMERCIAL AND, THEREBY, PLURALISTIC NATURE OF THE NETHERLANDS BROADCASTING SYSTEM . THE RECEIPTS OF THE STER GO TO FUND THE SUBSIDIES WHICH THE STATE PAYS TO THE OMROEPORGANISATIES, IN ORDER THAT THEY MAY PRESERVE THEIR NON-COMMERCIAL CHARACTER . THE NETHERLANDS GOVERNMENT MAINTAINS THAT A PLURALISTIC BROADCASTING SYSTEM IS CONCEIVABLE ONLY IF THE OMROEPORGANISATIES ARE NON-COMMERCIAL IN CHARACTER .
36 IT IS SUFFICIENT TO OBSERVE IN THAT REGARD THAT THE MEASURES TAKEN BY VIRTUE OF THAT ARTICLE MUST NOT BE DISPROPORTIONATE TO THE INTENDED OBJECTIVE . AS AN EXCEPTION TO A FUNDAMENTAL PRINCIPLE OF THE TREATY, ARTICLE 56 OF THE TREATY MUST BE INTERPRETED IN SUCH A WAY THAT ITS EFFECTS ARE LIMITED TO THAT WHICH IS NECESSARY IN ORDER TO PROTECT THE INTERESTS WHICH IT SEEKS TO SAFEGUARD .
37 THE NETHERLANDS GOVERNMENT ITSELF ADMITS THAT THERE ARE LESS RESTRICTIVE, NON-DISCRIMINATORY WAYS OF ACHIEVING THE INTENDED OBJECTIVES . FOR INSTANCE, BROADCASTERS OF COMMERCIAL PROGRAMMES ESTABLISHED IN OTHER MEMBER STATES COULD BE GIVEN A CHOICE BETWEEN COMPLYING WITH OBJECTIVE RESTRICTIONS ON THE TRANSMISSION OF ADVERTISING, SUCH AS A PROHIBITION ON ADVERTISING CERTAIN PRODUCTS OR ON CERTAIN DAYS AND LIMITING THE DURATION OR THE FREQUENCY OF ADVERTISEMENTS - RESTRICTIONS ALSO IMPOSED ON NATIONAL BROADCASTERS - OR, IF THEY DID NOT WISH TO COMPLY, REFRAINING FROM TRANSMITTING ADVERTISING INTENDED ESPECIALLY FOR THE PUBLIC IN THE NETHERLANDS .
38 IT SHOULD BE POINTED OUT IN THAT CONNECTION THAT, AS THE COURT HELD IN ITS JUDGMENT OF 18 MAY 1980 ( CASE 52/79 DEBAUVE (( 1980 )) ECR 833 ), IN THE ABSENCE OF HARMONIZATION OF THE NATIONAL RULES APPLICABLE TO BROADCASTING AND TELEVISION, EACH MEMBER STATE HAS THE POWER TO REGULATE, RESTRICT OR EVEN TOTALLY PROHIBIT TELEVISION ADVERTISING ON ITS TERRITORY ON GROUNDS OF THE PUBLIC INTEREST, PROVIDED THAT IT TREATS ALL SERVICES IN THAT FIELD IDENTICALLY WHATEVER THEIR ORIGIN OR THE NATIONALITY OR PLACE OF ESTABLISHMENT OF THE PERSONS PROVIDING THEM .
39 IT MUST THEREFORE BE HELD THAT PROHIBITIONS OF ADVERTISING AND SUBTITLING SUCH AS THOSE CONTAINED IN THE KABELREGELING CANNOT BE JUSTIFIED ON GROUNDS OF PUBLIC POLICY UNDER ARTICLE 56 OF THE TREATY .
( D ) GENERAL PRINCIPLES OF COMMUNITY LAW