39The Court has also held that, provided that the conditions for recourse to Article 95 EC as a legal basis are fulfilled, the Community legislature cannot be prevented from relying on that legal basis on the ground that public health protection is a decisive factor in the choices to be made (British American Tobacco (Investments) and Imperial Tobacco, paragraph 62; Arnold André, paragraph 32; Swedish Match, paragraph 31; and Alliance for Natural Health and Others, paragraph 30).
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