Judgment_paragraph 40 · Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland (C-333/14)

40As regards whether that national legislation does not go beyond what is necessary in order effectively to protect human life and health, it must be borne in mind that, in this case, that analysis must be undertaken, as stated in paragraph 28 of this judgment, with regard to the objectives of the CAP and the proper functioning of the CMO. However, given the issue to be examined in this case, that analysis will have to be undertaken with reference to proportionality in the context of Article 36 TFEU and will therefore not have to be carried out separately.