ABSTRACT
Measures falling within Articles 30 [28] EC and 34 [29] EC could initially only bejustified on the grounds provided by Article 36 [30] EC. As the provision was considered to be an exception to a fundamental freedom, the Court was unwilling to extend the grounds protected by that Article. Both measures falling under Article 36 [30] EC and those falling under the mandatory requirements doctrine will only be compatible with the EC Treaty if they comply with proportionality principle. National rules or practices do not fall within exception specified in Article 36 if the health and life of humans can be as effectively protected by measures which do not restrict intra-Community trade so much. The restriction in De Peiper fell on the ground as the Court felt that cooperation between national authorities or acceptance of other forms of evidence as to the composition of pharmaceutical would equally well protect public health, whilst allowing greater leeway for trade in parallel imports.
