38It is also settled case-law that, although 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 (Case C-350/92 Spain v Council [1995] ECR I-1985, paragraph 35; Case C-377/98 Netherlands v Parliament and Council [2001] ECR I-7079, paragraph 15; British American Tobacco (Investments) and Imperial Tobacco, paragraph 61; Arnold André, paragraph 31; Swedish Match, paragraph 30; and Alliance for Natural Health and Others, paragraph 29).
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