CJEU Advocate General backs Tobacco Directive

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CJEU Advocate General backs Tobacco Directive

The EU Tobacco Directive is lawful, according to an opinion by CJEU Advocate General Kokott

cigarette

The 2014 directive provides standardised labelling and packaging in the EU, prohibits sales of menthol cigarettes and regulates e-cigarettes. 

The packaging requirements affect the shape, size and minimum content of cigarette packets and require health warnings to be more visible. The directive leaves member states free to implement more restrictive plain packaging requirements.

Poland and Romania had challenged aspects of the regulation, while Philip Morris challenged the implementation of the directive in the England and Wales High Court, which referred questions to the CJEU.

According to a CJEU press release,in an opinion covering all the relevant cases, Kokott said the measures in the directive were lawful and proportionate and did not infringe principles of equal treatment, free competition or fundamental rights.

The CJEU is expected to give its judgment in the cases next year.

In the meantime, Philip Morris and other tobacco companies are pursuing a legal challenge to UK legislation introducing plain packaging in the national courts.

more from across site and SHARED ros bottom lb

More from across our site

Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
Gift this article