MUST BE STRESSED THAT FOR SUCH LEGISLATION TO BE IN CONFORMITY WITH THE TREATY THE CHOICE OF THE MEDICINAL PREPARATIONS TO BE EXCLUDED MUST BE FREE OF ANY DISCRIMINATION TO THE DETRIMENT OF IMPORTED MEDICINAL PREPARATIONS . TO THAT END , THE EXCLUSIONARY LISTS MUST BE DRAWN UP IN ACCORDANCE WITH OBJECTIVE CRITERIA , WITHOUT REFERENCE TO THE ORIGIN OF THE PRODUCTS , AND MUST BE VERIFIABLE BY ANY IMPORTER . IF THOSE CONDITIONS ARE FULFILLED , AN IMPORTER MAY SECURE ACCESS TO THE NETHERLANDS MARKET PROVIDED THAT HE IS IN A POSITION TO MARKET A PRODUCT WHICH , WHILST HAVING THE SAME THERAPEUTIC VALUE , OFFERS A PRICE ADVANTAGE OVER SOME OTHER PRODUCT AVAILABLE ON THE MARKET . SUCH RULES WOULD IN NO WAY DETRACT FROM THE FREEDOM TO MARKET ANY PRODUCT MEETING THAT REQUIREMENT , WHICH RELATES NOT TO THE NATURE OF THE PRODUCT BUT ONLY TO ITS PRICE .
22 THE ANSWER TO THE FIRST QUESTION SHOULD THEREFORE BE THAT PROVISIONS ADOPTED WITHIN THE FRAMEWORK OF A COMPULSORY NATIONAL HEALTH-CARE SCHEME WITH THE OBJECT OF REFUSING INSURED PERSONS THE RIGHT TO BE SUPPLIED , AT THE EXPENSE OF THE INSURANCE INSTITUTION , WITH SPECIFICALLY NAMED PREPARATIONS ARE COMPATIBLE WITH ARTICLE 30 OF THE TREATY IF THE DETERMINATION OF THE EXCLUDED MEDICINAL PREPARATIONS INVOLVES NO DISCRIMINATION REGARDING THE ORIGIN OF THE PRODUCTS AND IS CARRIED OUT ON THE BASIS OF OBJECTIVE AND VERIFIABLE CRITERIA , SUCH AS THE EXISTENCE ON THE MARKET OF OTHER , LESS EXPENSIVE PRODUCTS HAVING THE SAME THERAPEUTIC EFFECT , THE FACT THAT THE PREPARATIONS IN QUESTION ARE FREELY MARKETED WITHOUT THE NEED FOR ANY MEDICAL PRESCRIPTION , OR ARE PRODUCTS EXCLUDED FROM REIMBURSEMENT FOR REASONS OF A PHARMACO-THERAPEUTIC NATURE JUSTIFIED BY THE PROTECTION OF PUBLIC HEALTH , AND PROVIDED THAT IT IS POSSIBLE TO AMEND THE LISTS WHENEVER COMPLIANCE WITH THE SPECIFIED CRITERIA SO REQUIRES .
23 IF THE NATIONAL COURT SHOULD FIND THAT THE MEASURE WHOSE COMPATIBILITY WITH COMMUNITY LAW IT IS CALLED UPON TO CONSIDER DOES NOT MEET THE CONDITIONS TO WHICH SUCH CONFORMITY IS SUBJECT , IT SHOULD BE BORNE IN MIND WITH REGARD TO THE APPLICATION OF ARTICLE 36 OF THE TREATY , AS THE COURT HAS HELD ON MANY OCCASIONS ( FOR EXAMPLE THE JUDGMENT OF 19 DECEMBER 1961 IN CASE 7/61 COMMISSION V ITALY ( 1961 ) ECR 317 ), THAT ARTICLE 36 RELATES TO MEASURES OF A NON-ECONOMIC NATURE . THAT PROVISION CANNOT THEREFORE JUSTIFY A MEASURE WHOSE PRIMARY OBJECTIVE IS BUDGETARY INASMUCH AS IT IS INTENDED TO REDUCE THE OPERATING COSTS OF A SICKNESS INSURANCE SCHEME .
B - THE INTERPRETATION OF ARTICLE 34 OF THE TREATY
24 THE FIRST QUESTION ALSO SEEKS TO ASCERTAIN WHETHER ARTICLE 34 OF THE TREATY MUST BE INTERPRETED AS MEANING THAT IT PRECLUDES NATIONAL RULES OF THE TYPE IN QUESTION . THE PLAINTIFFS IN THE MAIN PROCEEDINGS MAINTAIN THAT THE CONTESTED ORDER CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON EXPORTS WITHIN THE MEANING OF