A legal challenge is to be mounted in a last-ditch move to halt a
European-wide ban on tobacco advertising after the European Parliament’s
decision to outlaw all promotion on Wednesday.
The EU’s long-delayed directive is to be tested in the European Court of
Justice on the grounds that it was wrongly introduced as a measure to
complete the EU’s internal market rather than as a health issue. This
allowed it to be approved by EU ministers last December under the
qualified majority voting system, while a health directive would have
required the unanimous support of all 15 member states.
Germany, which strongly opposed the directive, may challenge it in the
European Court. If Germany does not, the action will be mounted by the
European Publishers Association or by the tobacco industry.
The Tobacco Manufacturers Association warned after Wednesday’s vote that
the tobacco ban would be the thin end of the wedge for other forms of
’The alcohol, car, sweet, food and toy manufacturers should be getting
worried about the precedent set by the tobacco directive,’ a