Professor Graham Butler:

Professors Tridimas and Koutrakos make a very good argument for why it can be. I am in total agreement with what Professor Koutrakos said about the existence of the exception even if it is not explicit for services in the same way as it is for goods. I am in total agreement there. Ultimately whether the use of the public policy exception proceeds here falls on the proportionality of it and how the EU court will ultimately reconcile whether a member state can do that.

There are good arguments both ways. The answer to the question is "Yes".