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A Member State Is Very Concerned About the Volume of Obscene

Question 1

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A Member State is very concerned about the volume of obscene materials being exported from other Member States to that State. Which of the following grounds set out in Article 36 TFEU can be successfully relied upon by the government of the Member State concerned?


A) The requirements of public policy.
B) The protection of public morality in a situation where national law prohibits the production and sale of obscene materials in the Member State concerned.
C) The protection of public morality in a situation where national law allows the production and sale of obscene materials in the concerned Member State but in fact no such materials have ever been produced in that State.

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