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ARTICLE CONTENTS
[Pages 157-170] TOP OF ARTICLE Introduction
I. Background
A. Tobacco Advertising and Sponsorship Laws in the European Union
B. Legal Challenge to Directive 98/43/EC
II. Discussion
A. The Tobacco Advertising Case
1. Was Directive 98/43/EC a Public Health Measure?
2. Was Directive 98/43/EC Designed to Promote the Internal Market?
B. Response to the ECJ Decision in the Tobacco Advertising Case
III. Analysis
A. The Proposal, If Adopted, Is Valid Under the Treaty of Amsterdam
B. The Directive Will Still Be Valid If It Uses as a Legal Basis Article 152 (Formerly Article 129), the Public Health Provision
Conclusion
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