TOBACCO CONTROL LAWS

Federal Republic of Germany v. European Parliament

Germany sought to annul an EU directive that required Member States to ban tobacco advertising and sponsorship. The Court ruled in Germany's favor, concluding that the directive did not have the requisite intention to improve trade among the Member States as required under the EC Treaty. The directive did not improve trade, according to the Court, because it did not eliminate distortion of competition and obstacles to the free movement of goods and the freedom to provide services.

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Federal Republic of Germany v. European Parliament, et al., C-376/98, European Court of Justice (2000).

  • European Union
  • Oct 5, 2000
  • European Court of Justice

Parties

Plaintiff Federal Republic of Germany

Defendant

  • Council of the European Union
  • European Parliament

Third Party

  • Commission of the European Communities
  • French Republic
  • Republic of Finland
  • United Kingdom of Great Britain and Northern Ireland

Legislation Cited

Directive 98/43/EC

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Trade Panel/Investment Tribunal/Arbitration
Governments may bring complaints before intergovernmental bodies on tobacco-related issues. For example, one country may complain that another country’s tax regime discriminates against its exported tobacco products. In some cases, a treaty may allow a private party to file a complaint against a government before an intergovernmental body.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.

Type of Tobacco Product

None

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