Judgment_paragraph 36 · Ordine Nazionale dei Biologi and Others v Presidenza del Consiglio dei Ministri (C-96/20)

36According to the settled case-law of the Court, since the health and life of humans rank foremost among the assets and interests protected by TFEU, it is for Member States to determine the level of protection which they wish to afford to public health and the way in which that level has to be achieved. Since that level may vary from one Member State to another, Member States should be allowed some measure of discretion (see judgment of 8 June 2017, Medisanus, C‑296/15, EU:C:2017:431, paragraph 82 and the case-law cited). Consequently, the fact that a Member State imposes less strict rules than another Member State does not mean that the latter’s rules are disproportionate (judgment of 18 September 2019, VIPA, C‑222/18, EU:C:2019:751, paragraph 71 and the case-law cited).