DISPUTE THE HESSISCHES FINANZGERICHT HAS REFERRED TWO QUESTIONS TO THE COURT , WORDED AS FOLLOWS :
1 . MUST THE CONCEPT OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS CONTAINED IN ARTICLE 30 OF THE EEC TREATY BE UNDERSTOOD AS MEANING THAT THE FIXING OF A MINIMUM WINE-SPIRIT CONTENT FOR POTABLE SPIRITS LAID DOWN IN THE GERMAN BRANNTWEINMONOPOLGESETZ , THE RESULT OF WHICH IS THAT TRADITIONAL PRODUCTS OF OTHER MEMBER STATES WHOSE WINE-SPIRIT CONTENT IS BELOW THE FIXED LIMIT CANNOT BE PUT INTO CIRCULATION IN THE FEDERAL REPUBLIC OF GERMANY , ALSO COMES WITHIN THIS CONCEPT?
2 . MAY THE FIXING OF SUCH A MINIMUM WINE-SPIRIT CONTENT COME WITHIN THE CONCEPT OF ' ' DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED . . . BETWEEN NATIONALS OF MEMBER STATES ' ' CONTAINED IN ARTICLE 37 OF THE EEC TREATY?
6THE NATIONAL COURT IS THEREBY ASKING FOR ASSISTANCE IN THE MATTER OF INTERPRETATION IN ORDER TO ENABLE IT TO ASSESS WHETHER THE REQUIREMENT OF A MINIMUM ALCOHOL CONTENT MAY BE COVERED EITHER BY THE PROHIBITION ON ALL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS IN TRADE BETWEEN MEMBER STATES CONTAINED IN ARTICLE 30 OF THE TREATY OR BY THE PROHIBITION ON ALL DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED BETWEEN NATIONALS OF MEMBER STATES WITHIN THE MEANING OF ARTICLE 37 .
7IT SHOULD BE NOTED IN THIS CONNEXION THAT ARTICLE 37 RELATES SPECIFICALLY TO STATE MONOPOLIES OF A COMMERCIAL CHARACTER .
THAT PROVISION IS THEREFORE IRRELEVANT WITH REGARD TO NATIONAL PROVISIONS WHICH DO NOT CONCERN THE EXERCISE BY A PUBLIC MONOPOLY OF ITS SPECIFIC FUNCTION - NAMELY , ITS EXCLUSIVE RIGHT - BUT APPLY IN A GENERAL MANNER TO THE PRODUCTION AND MARKETING OF ALCOHOLIC BEVERAGES , WHETHER OR NOT THE LATTER ARE COVERED BY THE MONOPOLY IN QUESTION .
THAT BEING THE CASE , THE EFFECT ON INTRA-COMMUNITY TRADE OF THE MEASURE REFERRED TO BY THE NATIONAL COURT MUST BE EXAMINED SOLELY IN RELATION TO THE REQUIREMENTS UNDER ARTICLE 30 , AS REFERRED TO BY THE FIRST QUESTION .
8IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF ALCOHOL - A PROPOSAL FOR A REGULATION SUBMITTED TO THE COUNCIL BY THE COMMISSION ON 7 DECEMBER 1976 ( OFFICIAL JOURNAL C 309 , P . 2 ) NOT YET HAVING RECEIVED THE COUNCIL ' S APPROVAL - IT IS FOR THE MEMBER STATES TO REGULATE ALL MATTERS RELATING TO THE PRODUCTION AND MARKETING OF ALCOHOL AND ALCOHOLIC BEVERAGES ON THEIR OWN TERRITORY .
OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS RELATING TO THE MARKETING OF THE PRODUCTS IN QUESTION MUST BE ACCEPTED IN SO FAR AS THOSE PROVISIONS MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO THE EFFECTIVENESS OF FISCAL SUPERVISION , THE PROTECTION OF PUBLIC HEALTH , THE FAIRNESS OF COMMERCIAL TRANSACTIONS AND THE DEFENCE OF THE CONSUMER .
9THE