28This interpretation is not precluded by Article 28 of Directive 92/49. Contrary to the position advocated by the Commission, the ‘general good’ referred to in that provision is not a relevant criterion for ascertaining whether national legislation is liable to undermine the principle of freedom to set rates for the purposes of Articles 29 and 39(2) and (3) of Directive 92/49 and 8(3) of Directive 73/239 (see, to that effect, Case C-59/01 Commission v Italy [2003] ECR I-759, paragraph 38).
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