THE WORD ' LIKEUR ' FOR BEVERAGES DEFINED THEREIN , AS A RESULT OF WHICH PRODUCTS FROM OTHER MEMBER STATES WHICH HAVE THE CHARACTERISTICS DEFINED IN ARTICLE 1 OF THE LIKEURBESLUIT , BUT IN RESPECT OF WHICH THERE IS NO OBLIGATION TO USE THE DESCRIPTION ' LIKEUR ' IN THOSE MEMBER STATES , MUST BE LABELLED DIFFERENTLY FOR IMPORTATION INTO THE NETHERLANDS?
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7 BEFORE THE COURT ANSWERS THE QUESTION REFERRED TO IT , IT SHOULD BE EMPHASIZED THAT , IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF ALCOHOL , IT IS , IN PRINCIPLE , FOR THE MEMBER STATES TO REGULATE ALL MATTERS RELATING TO THE MARKETING OF ALCOHOLIC BEVERAGES ON THEIR OWN TERRITORY , INCLUDING THE DESCRIPTION AND LABELLING OF THESE BEVERAGES , SUBJECT TO ANY COMMUNITY MEASURE ADOPTED WITH A VIEW TO APPROXIMATING NATIONAL LAWS IN THESE FIELDS .
8 AT THE PRESENT STAGE IN THE DEVELOPMENT OF COMMUNITY LAW THE FACTORS TO WHICH THE NATIONAL COURT NEED HAVE REGARD IN ITS INTERPRETATION DO NOT RELATE THEREFORE TO THE COMPATIBILITY WITH COMMUNITY LAW OF THE OBLIGATION TO USE A PARTICULAR DESCRIPTION IN MARKETING CERTAIN ALCOHOLIC BEVERAGES . AS THE NATIONAL COURT HAS ITSELF INDICATED IN THE WORDING OF THE QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING , THE ISSUE IS WHETHER THE EXTENSION OF SUCH AN OBLIGATION TO BEVERAGES IMPORTED FROM THE OTHER MEMBER STATES IN SUCH A WAY AS TO MAKE IT IMPOSSIBLE TO MARKET THE IMPORTED PRODUCT WITHOUT ALTERING THE LABEL UNDER WHICH THE BEVERAGE IS LAWFULLY MARKETED IN THE EXPORTING MEMBER STATE IS TO BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY .
9 IN ORDER TO ANSWER THIS QUESTION IT IS NECESSARY TO CONSIDER WHETHER THE EXTENSION OF THE NATIONAL RULES IS CAPABLE OF IMPEDING THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES AND , IF SO , TO WHAT EXTENT SUCH AN OBSTACLE IS JUSTIFIED ON THE GROUND OF THE PUBLIC INTEREST UNDERLYING THE NATIONAL RULES .
10 ALTHOUGH THE EXTENSION TO IMPORTED PRODUCTS OF AN OBLIGATION TO USE A CERTAIN NAME ON THE LABEL DOES NOT WHOLLY PRECLUDE THE IMPORTATION INTO THE MEMBER STATE CONCERNED OF PRODUCTS ORIGINATING IN OTHER MEMBER STATES OR IN FREE CIRCULATION IN THOSE STATES IT MAY NONE THE LESS MAKE THEIR MARKETING MORE DIFFICULT , ESPECIALLY IN THE CASE OF PARALLEL IMPORTS . AS THE NETHERLANDS GOVERNMENT ITSELF ADMITS IN ITS OBSERVATIONS , SUCH AN EXTENSION OF THAT OBLIGATION IS THUS CAPABLE OF IMPEDING , AT LEAST INDIRECTLY , TRADE BETWEEN MEMBER STATES . IT IS THEREFORE NECESSARY TO CONSIDER WHETHER IT MAY BE JUSTIFIED ON THE GROUND OF THE PUBLIC INTEREST IN CONSUMER PROTECTION , WHICH , ACCORDING TO THE OBSERVATIONS OF THE NETHERLANDS GOVERNMENT AND ACCORDING TO THE ' ' WARENWET ' ' , UNDERLIES THE RULES IN QUESTION .
11 IF NATIONAL RULES RELATING TO A GIVEN PRODUCT INCLUDE THE