"In any event, as is clear from paragraph 30 of the present judgment, Directive 95/59 does not preclude a pricing policy provided that it does not run counter to the objectives of that directive, in particular that of ensuring that competition between the different categories of manufactured tobacco belonging to the same group is not distorted."
European Commission v. Republic of Austria
European Commission v. Republic of Austria, C-198/08, Court of Justice of the European Union (2010).
- European Union
- Mar 4, 2010
- Court of Justice of the European Union
The European Commission brought an action against Austria, claiming that its legislation setting a minimum retail selling price for tobacco products violated a European directive regulating excise duties on tobacco products. The Court ruled in the Commission's favor, holding that the minimum price undermined fair competition in the tobacco market and thus violated the EU directive. The Court also noted that public health goals furthering the legislation could be achieved by increasing the excise duty on tobacco.