53As the Council has stated in its observations and argued at the hearing, if the contested measure had not directly had the objective of safeguarding public health, it could have come under Article 37 EC, which also confers competence on the Community legislature. Review of the legal basis of Directive 2002/2 does, however, remain relevant for the purpose of verifying whether the procedure for the adoption of that directive was vitiated by any irregularity (see, in this connection, Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 111).
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