Judgment_paragraph 32 · The Queen, on the application of Vodafone Ltd and Others v Secretary of State for Business, Enterprise and Regulatory Reform (C-58/08)

32According to consistent case-law the object of measures adopted on the basis of Article 95(1) EC must genuinely be to improve the conditions for the establishment and functioning of the internal market (Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 60, and Case C-217/04 United Kingdom v Parliament and Council [2006] ECR I-3771, paragraph 42). While a mere finding of disparities between national rules and the abstract risk of infringements of fundamental freedoms or distortion of competition is not sufficient to justify the choice of Article 95 EC as a legal basis, the Community legislature may have recourse to it in particular where there are differences between national rules which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market (Case C-380/03 Germany v Parliament and Council [2006] ECR I-11573, paragraph 37 and the case-law cited) or to cause significant distortions of competition (Case C-376/98 Germany v Parliament and Council [2000] ECR I-8419, paragraphs 84 and 106).