Arnold Andre v. Landrat des Kreises Herford

A snus importer challenged the validity of a European Directive that directs member states to prohibit the marketing of any tobacco products designed for oral use, except those tobacco products designed to be smoked or chewed. The Court held that the Directive properly derived its authority from Article 95 EC, which provided the community with rule-making authority to ensure the internal consistency of the community market. The Court further held that adoption of the Directive was supported by sufficient scientific evidence and it satisfied the principles of proportionality and of non-discrimination.  The Court approved of the adoption of the Directive and sent the case back to the national courts for further proceedings.


Arnold Andre GmbH & Co. KG v. Landrat des Kreises Herford, Case C-434/02, Court of Justice of the European Union (2004)

  • European Union
  • Dec 14, 2004
  • European Court of Justice


Plaintiff Arnold Andre GmbH & Co. KG

Defendant Landrat des Kreises Herford

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product