49It has been held on several occasions that the first paragraph of Article 95 of the Treaty is infringed where the taxation on the imported product and that on the similar national product are calculated in a different manner on the basis of different criteria which lead, if only in certain cases, to higher taxation being imposed on the imported product (Case C-375/95 Commission v Greece [1997] ECR I-5981, paragraph 20, and the case-law cited therein).
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