37However, the Court of Justice held that the decision as to the proportionality of a Swedish law — motivated by public health concerns analogous to those on which the Finnish legislation cited in the preceding paragraph was based — prohibiting advertising for alcoholic drinks in periodicals, and, in particular, the decision as to whether the objective sought, namely to combat alcohol abuse, might be achieved by less extensive restrictions or by restrictions having less effect on intra-Community trade, called for an analysis of the circumstances of law and of fact which characterised the situation in the Member State concerned, which the national court was in a better position than the Court of Justice to carry out (Case C-405/98 Gourmet International Products [2001] ECR I-1795, paragraph 33).
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