25Nor can the system of minimum and maximum prices be justified by the objective of protection of public health laid down in Article 30 EC. As made clear, inter alia, by the judgment in Case C-470/03 A.G.M.-COS.MET [2007] ECR I-2749, a matter which has been the subject of harmonisation cannot be examined in the light of provisions of primary law which derogate from the fundamental freedoms.
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