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Harmonizing The Internal Market Or Public Health? Revisiting Case C-491/01 (British American Tobacco) And Case C-380/03 (Tobacco Advertising Ii), Han-Wei Liu
Research Collection Yong Pung How School Of Law
According to settled ECJ case law, including Case C-376/98 (Tobacco Advertising I), Article 95 EC cannot be construed as conferring upon the Community a general power to regulate the internal market. Measures that the Community legislature adopts under this Article must rather have the specific objective of improving conditions for the establishment and functioning of the internal market; that is, they must be designed to remove genuine obstacles to free movement or distortions of competition, rather than purely abstract risk. [2] In some respects, however, Article 95 appears to provide a pretext for the Community legislature to implement other policy …