It also states that the measures implemented by the Mayors must be 'in accordance with the general principles of Community law and directives'.

But the general principles of Community law and the Treaty continue to apply and any national legislation must respect those principles.

Where a Member State adopts a measure refusing entry to its territory based on one of these grounds, it must respect the general principles of Community law.

It is for the Portuguese national courts to rule on the validity of the decision, while respecting the general principles of Community law and the provisions of Directive 64/221/EEC.

Member States can therefore set up their own monitoring systems, provided that these do not give rise to any frontier formalities and are in accordance with the general principles of Community law relating to non-discrimination and proportionality.

As I have already stated, the Commission believes that any Member State adopting a decision restricting the free movement of persons must respect fundamental rights, including freedom of expression, as general principles of Community law.

The European Union must respect the fundamental rights which are guaranteed by the European Convention on Human Rights and which result from the common constitutional traditions of the Member States on general principles of Community law.

A measure such as the one taken by France must be examined in the light of the objective of free movement of goods and in the light of the general principles of Community law, including the criteria of non-discrimination and proportionality.

Nevertheless, the freedom that Member States enjoy has to be exercised within the framework laid down by the directives applicable in this field and within the general principles of Community law, which represent the fundamentals of the construction of the European Union.

When the case was referred to the European Court of Justice the ruling of the German Constitutional Court, the European Community could not "prejudice the fundamental human rights enshrined in the general principles of Community law and protected by the Court".

It is important to establish from the outset here that the authority to impose any restrictions on goods traffic on Sundays within a Member State lies in principle with the Member State in question, provided such restrictions are in accordance with the general principles of Community law, especially those of proportionality and non-discrimination.