EU court expected to rule soon on TPD challenge

The European Court of Justice (ECJ) is expected to give on December 23 a preliminary judgment in a case brought by British American Tobacco and Philip Morris International against the EU Tobacco Products Directive (TPD), according to a story in the Irish Examiner relayed by the TMA.

The tobacco companies allege that the directive prevents the free movement of goods in the EU and violates the principle of subsidiarity whereby certain issues are decided at the national level rather than by the EU.

This case is being played out against a backdrop on which JTI Ireland is awaiting the outcome of its action against Ireland’s standardized packaging law.

JTI alleges that since Ireland is an EU member, it cannot unilaterally introduce standardized packaging and thereby prevent free trade within the EU.

A judge in the commercial court in Ireland has indicated that if the ECJ rules in favor of the TPD, Ireland will win the standardized packaging case.

Businesses have asked government ministers to scrap standardized packaging, citing concerns over intellectual property rights and doubts about the effectiveness of standardized packaging in reducing smoking.