Press Release: Advocate General’s Opinions in Cases C-358/14 Poland v Parliament and Council, C-477/14 Pillbox 38 (UK) Limited, and C-547/14 Philip Morris Brands SARL and Others

Author (Corporate)
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Series Details No.154, 2015 (23.12.15)
Publication Date 23/12/2015
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In her Opinions issued on the 23 December 2015, Advocate General Juliane Kokott concluded that the new EU tobacco directive of 2014 was lawfully adopted. This applied in particular to the standardisation of the labelling and packaging of tobacco products (such as size, minimum content, warnings and permitted information), the EU-wide prohibition on sales of menthol cigarettes applicable from 20 May 2020 and the special rules for e-cigarettes. None of the arguments invoked by Poland — supported by Romania — against the prohibition on menthol cigarettes was well founded, with the result that Poland’s action for annulment must be dismissed.

The examination of the separate questions posed by the English High Court, before which several undertakings challenged the implementation of the directive into law in the UK, also revealed no factors such as to affect the validity of the directive.

Source Link http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-12/cp150154en.pdf
Related Links
Blog: EU Law Analysis, 13.01.16: AG Kokott rejects challenges to the validity of the Tobacco Products Directive – implications for standardised packaging legislation in the Member States? http://eulawanalysis.blogspot.com/2016/01/ag-kokott-rejects-challenges-to.html
ESO: Background information: Health ministers step up campaign for plain tobacco packaging http://www.europeansources.info/record/health-ministers-step-up-campaign-for-plain-tobacco-packaging/
ESO: Background information: Tobacco giants win judicial review on EU bill http://www.europeansources.info/record/tobacco-giants-win-judicial-review-on-eu-bill/
European Commission: DG Health and Food Safety: Public health: Tobacco: Tobacco products: Revision of the Tobacco Products Directive http://ec.europa.eu/health/tobacco/products/revision/index_en.htm
ASH: Press Release, 23.12.15: EU Advocate General Opinion: Tobacco Products Directive is lawful, and the UK can go further in standardising the pack http://www.ash.org.uk/media-room/press-releases/:eu-advocate-general-opinion-tobacco-products-directive-is-lawful-and-the-uk-can-go-further-in-standardising-the-pack
The Guardian, 23.12.15: E-cigarette restrictions 'would not break EU law', advocate general says http://www.theguardian.com/society/2015/dec/23/e-cigarette-restrictions-eu-advocate-general
EurActiv, 17.03.15: UK first EU country to adopt plain packaging for cigarettes http://www.euractiv.com/sections/health-consumers/uk-first-eu-country-adopt-plain-packaging-cigarettes-312960

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