Judgment_paragraph 33 · The Queen, on the application of Vodafone Ltd and Others v Secretary of State for Business, Enterprise and Regulatory Reform (C-58/08)

33Recourse to that provision is also possible if the aim is to prevent the emergence of such obstacles to trade resulting from the divergent development of national laws. However, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (Germany v Parliament and Council, paragraph 38 and the case-law cited, and Case C-301/06 Ireland v Parliament and Council [2009] ECR I-593, paragraph 64; see also, to that effect, United Kingdom v Parliament and Council, paragraphs 60 to 64).