TOBACCO CONTROL LAWS

Federal Republic of Germany v. European Parliament

The Federal Republic of Germany sought annulment of a European Community directive that regulated advertising and sponsorship of tobacco products. The Court held that the Community legislature acted properly and within its authority when promulgating the Directive to remove obstacles to cross-border movement of goods by rectifying inconsistencies amongst the laws of Member-States while ensuring a high level of health protection. The Court further held that any indirect infringement by the Directive upon the freedom of expression was proportional to and justified by the purposes behind the Directive's adoption, noting that the restrictions did not compromise journalistic expression but applied only to commercial advertisements within journalistic media.

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Federal Republic of Germany v. European Parliament, Case C-380/03, Court of Justice of the European Union (2006).

  • European Union
  • Dec 12, 2006
  • Court of Justice of the European Union

Parties

Plaintiff Federal Republic of Germany

Defendant

  • Council of the European Union
  • European Parliament

Third Party

  • Commission of the European Communities
  • French Republic
  • Kingdom of Spain
  • Republic of Finland

Legislation Cited

Directive 2003/33/EC on the approximation of laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products

International/Regional Instruments Cited

Council Directive 89/552/EEC
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)
Directive 2003/33/EC
WHO Framework Convention on Tobacco Control (WHO FCTC)
Treaty on the Functioning of the European Union (TFEU)

Related Documents

German

Type of Litigation

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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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