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Words: 1,931 | Submitted: Thu Aug 16 2007
... by children. TH Ltd pleads that both the advertising restriction and the ban on non-approved artificial colourings violates the EC provisions on free movement of goods. 3. The national court of the MS asks the European Court of Justice (ECJ) if the national provisions concerning the use of artificial colourings in products prepared for the consumption by children prohibited constitute measures having equivalent effect to quantitative restrictions within the meaning of Article 28 of the EC Treaty. The relevant legislation 4. Article 28 (ex Article 30), is the primarily legislation referred to by the national court, provides: 'Quantitative restrictions on imports and all measures having equivalent effect, shall be prohibited between Member States.' Article 29 (ex Article 34), states that 'Quantitative restrictions on exports and all measures having equivalent effect, shall be prohibited between Member States.' Article 30 (ex Article 36), allows for grounds of 'public morality, public policy or public security; the protection of ...
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