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.


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


Plaintiff Federal Republic of Germany


  • 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

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product