The Queen v Secretary of State for Health, ex parte Gallaher Ltd, Imperial Tobacco Ltd and Rothmans International Tobacco (UK); Ltd. (Approximation of laws) [1993] EUECJ C-11/92 (22 June 1993)

The Queen v Secretary of State for Health, ex parte Gallaher Ltd, Imperial Tobacco Ltd and Rothmans International Tobacco (UK); Ltd. (Approximation of laws) [1993] EUECJ C-11/92 (22 June 1993)

Articles 3(3) and 4(4) of Directive 89/622/EEC allow Member States to require, for domestic production, that health warnings and information cover more than 4% of the relevant surface area, as the directive sets minimum requirements and does not prohibit stricter national measures for domestic products.

Source-derived case information.

Citation
[1993] EUECJ C-11/92
Parties
Applicant: Gallaher Limited; Applicant: Imperial Tobacco Limited; Applicant: Rothmans International Tobacco (UK) Limited
Jurisdiction
European Union
Judgment Date
22 June 1993
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From High Court of Justice of England and Wales (queen's Bench Division) to Court of Justice of the European Communities
Outcome
Preliminary ruling issued; Articles 3(3) and 4(4) of Directive 89/622/EEC permit Member States to require health warnings and information to cover at least 6% of the relevant surface areas for domestic cigarette packets.
Legal Topics
Labelling of Tobacco Products, Interpretation of EU Directives, Minimum Harmonisation, Public Health Warnings, Internal Market
European Union Law Administrative Law Public Health Law Labelling of Tobacco Products Interpretation of EU Directives Minimum Harmonisation Public Health Warnings Internal Market

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Summary, issues, holding and outcome

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Parties

Gallaher Limited

Applicant

Imperial Tobacco Limited

Applicant

Rothmans International Tobacco (UK) Limited

Applicant

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From High Court of Justice of England and Wales (queen's Bench Division) to Court of Justice of the European Communities

Legal Issues

  1. 1 Whether Articles 3(3) and 4(4) of Directive 89/622/EEC allow Member States to require health warnings and information on cigarette packets to cover more than 4% of the relevant surface area for domestic products
  2. 2 Whether such national rules are consistent with the directive when imported products are subject only to the requirements of their Member State of origin

Ratio Decidendi

Articles 3(3) and 4(4) of Directive 89/622/EEC allow Member States to require, for domestic production, that health warnings and information cover more than 4% of the relevant surface area, as the directive sets minimum requirements and does not prohibit stricter national measures for domestic products.

Court Disposition

Preliminary ruling issued; Articles 3(3) and 4(4) of Directive 89/622/EEC permit Member States to require health warnings and information to cover at least 6% of the relevant surface areas for domestic cigarette packets.

Orders

  • Articles 3(3) and 4(4) of Council Directive 89/622/EEC are to be interpreted as allowing Member States to require, for domestic production, that the indications of tar and nicotine yields and the general and specific warnings be printed on cigarette packets so as to cover at least 6% of each of the relevant surface...