Scrap-Transporteur (Taxation - Excise duties - Excise duties applicable to manufactured tobacco - Judgment) French Text [2026] EUECJ T-194/25 (29 April 2026)

Scrap-Transporteur (Taxation - Excise duties - Excise duties applicable to manufactured tobacco - Judgment) French Text [2026] EUECJ T-194/25 (29 April 2026)

Article 5(1)(a) of Directive 2011/64/EU must be interpreted as not requiring reliance on public perception for determining whether a product is 'susceptible of being smoked', and the phrase 'without further industrial processing' includes methods, even complex, that consumers can perform at home.

Source-derived case information.

Citation
[2026] EUECJ T-194/25
Parties
Applicant: Hauptzollamt A; Respondent: Scrap-Transporteur
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Questions answered; interpretation provided.
Legal Topics
Manufactured Tobacco, Interpretation of Directive 2011/64/eu, Definition of 'tobacco Susceptible of Being Smoked', Transformation Industriale
Taxation Excise Duties European Union Law Manufactured Tobacco Interpretation of Directive 2011/64/eu Definition of 'tobacco Susceptible of Being Smoked' Transformation Industriale

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Parties

Hauptzollamt A

Applicant

Scrap-Transporteur

Respondent

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Interpretation of 'tobacco susceptible of being smoked' under Article 5(1)(a) Directive 2011/64/EU
  2. 2 Scope of 'without further industrial processing' under Article 5(1)(a) Directive 2011/64/EU

Ratio Decidendi

Article 5(1)(a) of Directive 2011/64/EU must be interpreted as not requiring reliance on public perception for determining whether a product is 'susceptible of being smoked', and the phrase 'without further industrial processing' includes methods, even complex, that consumers can perform at home.

Court Disposition

Questions answered; interpretation provided.

Orders

  • Article 5(1)(a) of Directive 2011/64/EU does not require reliance on public perception for 'susceptible of being smoked'.
  • 'Without further industrial processing' includes methods that consumers can perform at home, even if complex.