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Consider the significance of the court's judgment in Case C-376/98 'Tobacco Advertising' [2000] ECR I-8419 for the community's legislative powers.
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2. Consider the significance of the court's judgment in Case C-376/98 'Tobacco Advertising' [2000] ECR I-8419 for the community's legislative powers. On October 19th 1998, the Federal Republic of Germany brought an action for the annulment of a directive relating to the advertising and sponsorship of tobacco products. This case gave the court an opportunity to consider the legislative powers the community may or may not exercise. The German government brought a complaint before the Court of Justice on several grounds, the basic of which, was Article 100a1 of the Treaty was not the appropriate legal basis for the Directive. Article 95 prescribes that: "The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administration in Member States which have as their objective the...
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