European Commission v. Republic of France

The European Commission brought action against France, 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 excise duty on tobacco.


European Commission v. French Republic, C-197/08, European Court of Justice (2010).

  • France
  • Apr 4, 2010
  • European Court of Justice


Plaintiff European Commission

Defendant French Republic

Legislation Cited

Code général des impôts (General Tax Code), Article 572, as amended by Article 38, paragraph II, of Law No 2004-806 of 9 August 2004

Decree No. 2004-975 of 13 September 2004, Article 1

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product