A half year after EU parliamentarians and ministers hammered out controversial new rules on health warnings and product bans for the tobacco industry, tobacco companies have won a judicial review to see whether the bill oversteps the EU’s single market rules. On Monday (03.11.2014), the High Court in London referred the case to the European Court of Justice (ECJ).
The ruling follows a court challenge filed in June by Philip Morris, the world’s largest tobacco manufacturer, and other major tobacco producers.
The EU bill, heavily debated by lobbyists and lawmakers, was subject to more than 1,300 amendments before it was passed in May, just before the European Parliament elections.
The final bill will restrict limits on nicotine in e-cigarettes, require manufacturers to put health warning labels covering 65 percent of packaging and phase out the sale of menthol cigarettes.
‘Measures must honour the EU treaties’
The tobacco giants have said that the new directive, set to come into force in early 2016, will give too much power to the European Commission and would help boost illicit trade in menthol cigarettes.
The ECJ, the European Union’s highest court dealing with matters of EU law, is expected to take two years to make its decision. Until then, the EU’s Tobacco Products Directive will remain in effect, meaning EU member states will continue moves to implement the legislation.
“There is no disagreement that tobacco products should be strictly regulated, but measures must honour the EU treaties,” said Marc Firestone, senior vice president at Philip Morris, in a statement on Monday.
“The directive purports to improve the internal tobacco market, yet instead includes a mix of product bans, mandates and delegations of authority that raise serious questions under the EU treaties about consumer choice, the free movement of goods and competition.”
- Author: Martin Kuebler, Euranet Plus News Agency
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