104As regards judicial review of the conditions referred to in the preceding paragraph, it should be borne in mind that the legal basis of Regulation No 1924/2006 is Article 95 EC, which provides that the legislature is to adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market. Under Article 95(3) EC, the legislature is, in particular in relation to health and consumer protection, to take as a base a high level of protection, taking account in particular of any new development based on scientific facts. In that context, in order to be able to pursue effectively the objective assigned to it, the EU legislature must be allowed a broad discretion in an area such as that involved in the present case, which entails political, economic and social choices on its part and in which it is called upon to undertake complex assessments. Consequently, the legality of a measure adopted in that area can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (see, to that effect, Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 123; Case C-210/03 Swedish Match [2004] ECR I-11893, paragraph 48; Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 ABNA and Others [2005] ECR I-10423, paragraph 69; Case C-380/03 Germany v Parliament and Council [2006] ECR I-11573, paragraph 145; and Case T-475/07 Dow AgroSciences and Others v Commission [2011] ECR II-5937, paragraph 150).
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