JTI Austria v Municipal Council City of Vienna

A lower Administrative Court found JTI Austria GmBH (JTI) guilty of violating Austria's Tobacco Act for indirectly promoting tobacco products. Specifically, JTI sponsored an art gallery by placing the "JTi" logo (with a lowercase "i"), which was placed alongside the words "sponsored by" on an art gallery's pamphlets and other communications. JTI paid for the logo’s placement. JTI suggested that it aimed to "give something back to society," not to promote tobacco products. The Administrative Court held that JTI used the sponsorship for its own communications objectives, which, at least indirectly, promoted the sale of its tobacco products. The Administrative Court imposed a 700 EUR penalty.  

JTI appealed, noting that there was no precedence regarding the permissibility of sponsorship services by tobacco companies for events with no direct connection to tobacco products. JTI further argued that the logo of JTI had no resemblance to a brand name or trademark symbol of a tobacco product and that its intention was not aimed at promoting tobacco products. 

On appeal, the Supreme Administrative Court concluded that the legislature intended to establish comprehensive regulations for restrictions or prohibitions on sponsorship relating to tobacco products. Further, the court expressly noted that promotion does not need to be effective for it to be illegal. The Supreme Administrative Court dismissed JTI's appeal, affirming the lower Administrative Court's decision.
 

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JTI Austria v Municipal Council City of Vienna, Ra 2016/11/0130 (2017).

  • Austria
  • Dec 15, 2017
  • Supreme Administrative Court (VwGH)

Parties

Plaintiff JTI Austria GmBH (Appellant)

Defendant Municipal Council City of Vienna (Respondent)

Legislation Cited

Federal Tobacco Act (BGBl No. 431/1995) (as amended)

Administrative Court Act

Administrative Penalty Act

Federal Constitutional Law

ORF Act

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None