34It is apparent from the Court’s case-law that, to the extent that a restriction, such as that which has been found to exist in the present case, is discriminatory, it is compatible with European Union law only if it is covered by an express derogating provision, such as Article 46 EC, namely public policy, public security or public health (Case C-388/01 Commission v Italy [2003] ECR I-721, paragraph 19, and Case C-153/08 Commission v Spain [2009] ECR I-9735, paragraph 37).
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