Judgment_paragraph 5 · C-304/90

5In view of those arguments the Reading and Sonning Magistrates' Court stayed the proceedings and referred the following questions to the Court of Justice for a preliminary ruling:1. Where the legislation of a Member State prohibits retail premises from opening on Sundays for the personal serving of customers with the objective of ensuring so far as possible that shopworkers do not have to work on Sundays, with a view to maintaining what many regard as the traditional English Sunday, is such an objective one that is justified with regard to Community law within the meaning of paragraphs 12 to 14 of the judgment in Case 145/88 Torfaen Borough Council v B & Q pk, 23 November 1989?2. When applying the test laid down by the Court of Justice in paragraph 15 of the judgment in Torfaen (the proportionality test) to such legislation:(a) Is the national court required to apply the criteria set out in Article 3 of Directive 70/50?(b) If so, does the national measure have to satisfy each of the criteria identified in the indents in the second paragraph of Article 3 ?(c) Is it the function of the national court to examine the facts (as proved by evidence) and come to its own conclusion regarding the applicability of those criteria, or is the function of the national court limited to deciding whether or not a national legislature acting reasonably could have adopted the legislative measure in question having regard to those criteria?(d) When assessing the restrictive effects of the national legislation on the free movement of goods, and also when comparing the restrictive effect on trade (if any) of the various different means that might be used to achieve the objective of the legislation, must the national court look only at the extent to which the effects on imported goods exceed the effects on domestic goods or can it look at the totality of the restrictive effects on intra-Community imports?(e) Is the relevant restrictive effect on trade to be examined in relation to: the overall effect on intra-Community trade in goods and/or services; or the effect on the sectors in which the undertaking in question operates; or the effect on that undertaking?(f) How is a national court to compare the restrictive effects on the free movement of goods arising from the national legislation with the objective of that legislation?3. Has Article 36 of the EEC Treaty any and if so what application to a national measure such as that in question?4. Is the answer to any of the above questions affected by the existence of exceptions to the legislative prohibition on Sunday trading?