THE RESULT THAT THE NATIONAL AUTHORITIES OF A MEMBER STATE PROHIBIT THE SALE OF SUCH FOOD AND BEVERAGES WHICH HAVE BEEN LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE , UNLESS THE PRODUCER OR SELLER SHOWS NOT ONLY THAT SUCH PRODUCTS ARE NOT A DANGER TO HEALTH BUT ALSO THAT IT IS DESIRABLE TO MARKET THEM AND THAT THERE IS A NEED FOR VITAMINS TO BE ADDED?
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FIRST QUESTION
6 IN THE FIRST QUESTION THE NATIONAL COURT SEEKS IN ESSENCE TO KNOW WHETHER , AND IF SO IN WHAT CIRCUMSTANCES , THE PROVISIONS OF THE TREATY ON FREE MOVEMENT OF GOODS PRECLUDE NATIONAL RULES PROHIBITING WITHOUT PRIOR ADMINISTRATIVE AUTHORIZATION THE MARKETING OF FOOD TO WHICH VITAMINS HAVE BEEN ADDED AND WHICH ARE LAWFULLY MARKETED IN ANOTHER MEMBER STATE .
7 ARTICLE 30 OF THE TREATY PROHIBITS IN TRADE BETWEEN MEMBER STATES QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT ALL COMMERCIAL RULES OF THE MEMBER STATES LIKELY TO IMPEDE DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY INTRA-COMMUNITY TRADE ARE TO BE REGARDED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . NEVERTHELESS , ACCORDING TO ARTICLE 36 OF THE TREATY THE PROVISION IN ARTICLE 30 DOES NOT PRECLUDE PROHIBITIONS OR RESTRICTIONS ON IMPORTS JUSTIFIED ON GROUNDS INTER ALIA OF THE PROTECTION OF HUMAN HEALTH PROVIDED THAT SUCH PROHIBITIONS OR RESTRICTIONS DO NOT CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES .
8 IT IS APPARENT THAT NATIONAL RULES OF THE KIND REFERRED TO BY THE NATIONAL COURT PROHIBITING WITHOUT PRIOR ADMINISTRATIVE AUTHORIZATION THE MARKETING OF FOOD TO WHICH VITAMINS HAVE BEEN ADDED ARE LIKELY TO IMPEDE TRADE BETWEEN MEMBER STATES AND MUST THEREFORE BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY . THE ANSWER TO THE QUESTION THEREFORE DEPENDS ON THE APPLICABILITY OF ARTICLE 36 TO SUCH RULES .
9 IN THAT RESPECT AND IN THE OPINION OF SANDOZ AND THE COMMISSION , IT IS ONLY IN THE EVENT OF EXCESSIVE CONSUMPTION , WHICH IS EXCLUDED HOWEVER IN THE CASE OF PRODUCTS OF THE KIND IN QUESTION , THAT VITAMINS AND IN PARTICULAR VITAMINS SOLUBLE IN FAT , SUCH AS VITAMINS A AND D , MAY HAVE HARMFUL EFFECTS . A GENERAL PROHIBITION ON THE MARKETING OF FOOD TO WHICH VITAMINS OF ANY KIND HAVE BEEN ADDED IS THEREFORE NOT JUSTIFIED WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY ON GROUNDS OF THE PROTECTION OF HEALTH AND IS IN ANY EVENT EXCESSIVE WITHIN THE MEANING OF THE LAST SENTENCE OF THAT ARTICLE .
10 ON THE OTHER HAND THE NETHERLANDS AND DANISH GOVERNMENTS CONTEND THAT SUCH RULES ARE NECESSARY OWING TO THE VERY NATURE OF THE SUBSTANCES ADDED SINCE THE ABSORPTION OF ANY VITAMINS IN HIGH DOSES OR FOR A PROLONGED PERIOD MAY ENTAIL RISKS TO HEALTH OR AT LEAST UNDESIRABLE SIDE-EFFECTS SUCH AS MALNUTRITION