61Also, it follows from that case-law that while recourse to Article 95 EC as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (see, to that effect, Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 35; the tobacco advertising judgment, paragraph 86, and Case C-377/98 Netherlands v Parliament and Council [2001] ECR I-7079, paragraph 15).
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