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Home » News » Advertising: European Court of Justice dismisses German action

Advertising: European Court of Justice dismisses German action

Posted by: Dan Bowne  |  Category: News  |  Views: 1

Luxembourg/Berlin (ddp). The European Court of Justice (ECJ) has rejected the claim of the Federal Government against the EU tobacco advertising directive. In its decision announced on Tuesday, the Court finds that the directive is based on the correct legal basis and has the aim to improve the functioning of the EU internal market. The Court thus follows the recommendations of its advocate of General of Phillippe Léger. The Bundestag had adopted a law in November, putting the directive into German law. The Federal Council will discuss on Friday about. The Federal Government wanted to be explained partially annulled the directive. Directive tobacco advertising is prohibited in the print media, radio and the Internet, as well as the sponsorship of cross-border events by tobacco companies. Germany had argued that none of the prohibitions contributes to the reduction of barriers to the free movement of goods in the internal market. The Court noted, however, that there were 2003 still substantial differences between national rules on the advertising of tobacco products in the press at the time of the order of the policy. The different rules would have resulted in a disability of the free movement of goods and services. The same applies to the distribution of tobacco advertising in radio broadcasting and the Internet. The directive therefore rightly aims bring into line with different national rules, which would have made a significant contribution to the fragmentation of the EU internal market. The judge also rejected the argument of the Federal Government that the prohibitions were disproportionate.

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