... to establish or improve the functioning of the internal market. If that is true, the issue is genuinely a European one. If not, it should remain under the competence of national governments. The German Government disputed the fact that the main argument of the directive was a public health issue and not the promotion of the internal market. If so, the Community has no Treaty base to approve such an act. As a response the Parliament, the Council and the Commission declared that the directive was mainly intended to regulate the internal market in the relation to tobacco advertising. The emphasis on public health aspects was to be explained by the fact that national legislations did not see the question as a matter of public health, however the Community decided that this approach was somewhat relevant.The Court held a judgement which departed from of Article 95. The court decided to ...

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