1.

Is national legislation, established in Portugal in Decree-law No 69/2005 of 17 March and in Decree-law No 150/90 of 10 May, which, as well as prohibiting the placing on the market of products that could endanger the health and safety of consumers because they can be confused with foods, also prohibits the placing on the market of products that, since they can be confused with other products (toys, in particular) due to their appearance, can, through normal or reasonably foreseeable use, endanger the health and safety of consumers, especially children, compatible with Community law — in particular with Council Directive 2001/95/EC ( 1 ) [of the European Parliament and of the Council] of 3 December 2001 on general product safety, with Articles 28 and 30 of the Treaty (as referred to in that directive) and with Council Directive 87/357/EEC ( 2 ) of 25 June 198[7]?

2.

Do Articles 34 and 36 of the Treaty preclude the application of national legislation which prohibits within the national territory not only the placing on the market of products that can be confused with food products, in accordance with Article 1(2) of the abovementioned Community Directive, but also other products whose appearance can cause consumers to use them for purposes other than those for which they are intended, even when they are not dangerous preparations within the meaning of Article 2 of Directive 1999/45/EC ( 3 ) of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations?