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

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article