obstacle — an obstacle to the free movement of goods among Member States which is attributable to a Member State, whether it involves action or inaction on its part, which may constitute a breach of Articles 30 to 36 of the Treaty and which: leads to serious disruption of the free movement of goods by physically or otherwise preventing, delaying or diverting their import into, export from or transport across a Member State, causes serious loss to the individuals affected, and requires immediate action in order to prevent any continuation, increase or intensification of the disruption or loss in question 1.