1. 

Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Possibility of the applicant Member State basing its request on an assessment of the public health risk different from that used by the EU legislature — Obligation to establish a higher level of public health protection than the EU harmonisation measure — Duty to comply with the principle of proportionality (Art. 114(4) TFEU) (see paras 33, 34)

2. 

Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Application seeking maintenance of pre-existing national provisions — Discretion of the Commission — Judicial review — Scope (Art. 114(4) TFEU) (see paras 35-42)

3. 

Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 55, 56, 68)

4. 

Appeals — Grounds — Inadequate or contradictory grounds — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256(1) TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 81) (see paras 69-71)

1. 

Dismisses the appeal;

2. 

Orders the Federal Republic of Germany to pay the costs.

1. 

Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Possibility of the applicant Member State basing its request on an assessment of the public health risk different from that used by the EU legislature — Obligation to establish a higher level of public health protection than the EU harmonisation measure — Duty to comply with the principle of proportionality (Art. 114(4) TFEU) (see paras 33, 34)

2. 

Approximation of laws — Article 114 TFEU — Procedure for approval of national provisions in derogation — Application seeking maintenance of pre-existing national provisions — Discretion of the Commission — Judicial review — Scope (Art. 114(4) TFEU) (see paras 35-42)

3. 

Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 55, 56, 68)

4. 

Appeals — Grounds — Inadequate or contradictory grounds — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256(1) TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 81) (see paras 69-71)

1. 

Dismisses the appeal;

2. 

Orders the Federal Republic of Germany to pay the costs.