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Recent Developments in the European Market: More Public Health and Less Tobacco Advertising

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In C-380/03 Germany v European Parliament, the Court dismissed an action brought by Germany challenging a Community measure which prohibited the advertising and sponsorship of tobacco products. The Directive had been adopted on the basis of Article 95 EC, which notoriously authorises the Community to enact legislation intended to advance the establishment and functioning of the internal market. The ruling represents an important development in the Tobacco Advertising saga, emphasising both the breadth of Article 95 EC and the significance attributed to public health in the European harmonisation process.

Document Type: Research Article

Publication date: January 1, 2008


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