AND IN THE CASE OF DENMARK ONE YEAR FROM THE FILM ' S FIRST CINEMA SHOWING IN THAT COUNTRY .
20 IT MUST BE STATED FIRST THAT , IN THE LIGHT OF THAT INFORMATION , THE NATIONAL LEGISLATION AT ISSUE IN THE MAIN PROCEEDINGS OF THESE CASES FORMS PART OF A BODY OF PROVISIONS APPLIED IN THE MAJORITY OF MEMBER STATES , WHETHER IN THE FORM OF CONTRACTUAL , ADMINISTRATIVE OR LEGISLATIVE PROVISIONS AND OF VARIABLE SCOPE , BUT THE PURPOSE OF WHICH , IN ALL CASES , IS TO DELAY THE DISTRIBUTION OF FILMS BY MEANS OF VIDEO-CASSETTES DURING THE FIRST MONTHS FOLLOWING THEIR RELEASE IN THE CINEMA IN ORDER TO PROTECT THEIR EXPLOITATION IN THE CINEMA , WHICH PROTECTION IS CONSIDERED NECESSARY IN THE INTERESTS OF THE PROFITABILITY OF CINEMATOGRAPHIC PRODUCTION , AS AGAINST EXPLOITATION THROUGH VIDEO-CASSETTES . IT MUST ALSO BE OBSERVED THAT , IN PRINCIPLE , THE TREATY LEAVES IT TO THE MEMBER STATES TO DETERMINE THE NEED FOR SUCH A SYSTEM , THE FORM OF SUCH A SYSTEM AND ANY TEMPORAL RESTRICTIONS WHICH OUGHT TO BE LAID DOWN .
21 IN THAT CONNECTION IT MUST BE OBSERVED THAT SUCH A SYSTEM , IF IT APPLIES WITHOUT DISTINCTION TO BOTH VIDEO-CASSETTES MANUFACTURED IN THE NATIONAL TERRITORY AND TO IMPORTED VIDEO-CASSETTES , DOES NOT HAVE THE PURPOSE OF REGULATING TRADE PATTERNS ; ITS EFFECT IS NOT TO FAVOUR NATIONAL PRODUCTION AS AGAINST THE PRODUCTION OF OTHER MEMBER STATES , BUT TO ENCOURAGE CINEMATOGRAPHIC PRODUCTION AS SUCH .
22 NEVERTHELESS , THE APPLICATION OF SUCH A SYSTEM MAY CREATE BARRIERS TO INTRA-COMMUNITY TRADE IN VIDEO-CASSETTES BECAUSE OF THE DISPARITIES BETWEEN THE SYSTEMS OPERATED IN THE DIFFERENT MEMBER STATES AND BETWEEN THE CONDITIONS FOR THE RELEASE OF CINEMATOGRAPHIC WORKS IN THE CINEMAS OF THOSE STATES . IN THOSE CIRCUMSTANCES A PROHIBITION OF EXPLOITATION LAID DOWN BY SUCH A SYSTEM IS NOT COMPATIBLE WITH THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS PROVIDED FOR IN THE TREATY UNLESS ANY OBSTACLE TO INTRA-COMMUNITY TRADE THEREBY CREATED DOES NOT EXCEED THAT WHICH IS NECESSARY IN ORDER TO ENSURE THE ATTAINMENT OF THE OBJECTIVE IN VIEW AND UNLESS THAT OBJECTIVE IS JUSTIFIED WITH REGARD TO COMMUNITY LAW .
23 IT MUST BE CONCEDED THAT A NATIONAL SYSTEM WHICH , IN ORDER TO ENCOURAGE THE CREATION OF CINEMATOGRAPHIC WORKS IRRESPECTIVE OF THEIR ORIGIN , GIVES PRIORITY , FOR A LIMITED INITIAL PERIOD , TO THE DISTRIBUTION OF SUCH WORKS THROUGH THE CINEMA , IS SO JUSTIFIED .
24 THE REPLY TO THE QUESTIONS REFERRED TO THE COURT IS THEREFORE THAT ARTICLE 30 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT IT DOES NOT APPLY TO NATIONAL LEGISLATION WHICH REGULATES THE DISTRIBUTION OF CINEMATOGRAPHIC WORKS BY IMPOSING AN INTERVAL BETWEEN ONE MODE OF DISTRIBUTING SUCH WORKS AND ANOTHER BY PROHIBITING THEIR SIMULTANEOUS EXPLOITATION IN CINEMAS AND IN VIDEO-CASSETTE FORM FOR A LIMITED PERIOD , PROVIDED THAT THE PROHIBITION APPLIES TO DOMESTICALLY PRODUCED AND IMPORTED CASSETTES ALIKE AND ANY BARRIERS TO INTRA-COMMUNITY TRADE TO