§ Mr. SpearingTo ask the Attorney-General what references have been made from courts of the United Kingdom to the courts of the European Community, Luxembourg, in respect of intra-community trade in material judged pornographic by courts in the United Kingdom but also subject to articles relating to trade in the treaty of Rome.
§ The Attorney-GeneralQuestions concerning the interpretation of articles 30 and 36 of the treaty of Rome in the context of proceedings relating to the importation of indecent or obscene articles have been referred by United Kingdom courts to the European Court in two cases: in 1979, by the House of Lords in the case of R. v. Henn and Darby, and in 1984, by the High Court in the case of Conegate Limitedv. Her Majesty's Customs and Excise.
I understand that questions relating to article 30 have recently been referred to the European Court in criminal proceedings concerning the licensing of sex shops. The United Kingdom has not formally been notified of such a case by the European Court.