P: no evidence has been shown that States could not adopt measures of public health protection that was considered necessary.
ISSUE 2 (1) Can the objective of the proposed action be better achieved at Community level?
HOLDING -Here the directive’s objective was to eliminate barriers raised by differences which still existed in State’s laws and ensure a high level of health protection at the same time (in accordance with Art. 95).
-Court says that such an objective can not be sufficiently achieved by the States individually and called for Community action.