73In the absence of such Community harmonisation, it is in principle for the Member States to decide on the degree of protection which they wish to afford to such legitimate interests and on the way in which that protection is to be achieved. They may do so, however, only within the limits set by the Treaty and must, in particular, observe the principle of proportionality, which requires that the measures adopted be appropriate to secure the attainment of the objective which they pursue and not go beyond what is necessary in order to attain it (see Commission v Portugal, paragraph 49; Commission v France, paragraph 45; Commission v Belgium, paragraph 45; Commission v Spain, paragraph 68; Commission v Italy, paragraph 35; and Commission v Netherlands, paragraph 33).
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