Judgment_paragraph 56 · Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (C-466/98)

56The Commission contends that the public-policy exception in Article 56 of the Treaty is a derogation from a fundamental freedom and must therefore be construed narrowly (see Case 79/85 Segers [1986] ECR 2375). According to the Commission, that exception may never be relied on in order to pursue economic aims (Case 352/85 Bond van Adverteerders and Others v Netherlands State [1988] ECR 2085). Moreover, the Commission maintains that in the light of the provisions of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health (OJ, English Special Edition 1963-1964, p. 117), which require public-policy considerations to relate to the conduct of a particular individual and not to be based simply on general conduct, it is not clear how Article 5 of the Bermuda II Agreement, which discriminates against an entire class of operators, can be justified as a measure of public policy under Article 56 of the Treaty.