1.6.I. Sufficiently Close Connection

In addition to the regulatory interest and intensity ot national measures, Community

law controls the regulatory (or legislative) jurisdiction of Member States to take

measures (ot private international law). More particularly, Community law requires

a sufficiently close connection between the interests to be protected and the Member

State wishing to take a measure.

As early as Dassonville Advocate Genera! Trabucchi observed that Member States can

derogate on grounds of Article 30 EC only for the purpose of protecting their own

interests and not for the protection of the interests of other Member States. Article 30

EC 'allows every State the right to protect exclusively its own national interests.'1"

Equally 'territorial1 is Advocate General Leger. In ex parte Hedley Loincis he observed

that a Member State can rely on Article 30 EC 'only in order to ensure protection of

decision-making processes.'1 : The regulating State would fail to internalise all the costs,

imposing the costs ol regulation on the Member State where the measure is to take

effect. The Court therefore ensures that Member States within their own respective

spheres of influence and responsibility maintain a certain 'regulatory sovereignty' vis-di'/'

s the other Member States. " ' I n that sense, the requirement is the reverse side of the

Court's judgment in Cassis dc Dijon, where the Court declared that

' [ i | n absence of common rules (relating to the production and marketing of

a l c o h o l . . . ) it is for the Member States to regulate all matters (relating to the production

and marketing of alcohol and alcoholic beverages) on their own territory'.''"