Judgment_paragraph 71 · Nicolas Bressol and Others and Céline Chaverot and Others v Gouvernement de la Communauté française (C-73/08)

71That being the case, it is for the competent national authorities to show that such risks actually exist (see, by analogy, Apothekerkammer des Saarlandes and Others, paragraph 39). According to settled case-law, it is for those authorities, where they adopt a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure is appropriate for securing the attainment of the objective relied upon and does not go beyond what is necessary to attain it. The reasons invoked by a Member State by way of justification must thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments (see, to that effect, Case C-8/02 Leichtle [2004] ECR I-2641, paragraph 45, and Commission v Austria, paragraph 63). Such an objective, detailed analysis, supported by figures, must be capable of demonstrating, with solid and consistent data, that there are genuine risks to public health.