Criminal proceedings against Giorgio Domingo Banchero. (Preliminary rulings) [1995] EUECJ C-387/93 (14 December 1995)

Criminal proceedings against Giorgio Domingo Banchero. (Preliminary rulings) [1995] EUECJ C-387/93 (14 December 1995)

Italian legislation reserving retail sale of manufactured tobacco products to authorized distributors does not violate Articles 30, 37, 86, or 90 of the EEC Treaty, provided the State does not intervene in procurement choices and access for imported products is not impeded more than for domestic products. Penal provisions for possession of tobacco products on which excise duty has not been paid are not precluded by Article 30 if they do not hinder importation and apply equally to domestic and imported products.

Citation
[1995] EUECJ C-387/93
Parties
Defendant: Mr Banchero; Prosecution: Italian authorities
Jurisdiction
European Union
Judgment Date
14 December 1995
Procedural Posture
Criminal / Preliminary Ruling
Outcome
Preliminary ruling issued; national legislation upheld as compatible with EEC Treaty provisions.
Legal Topics
State Monopoly, Free Movement of Goods, Distribution of Manufactured Tobacco, Smuggling, Dominant Position, Penalties
EU Law Criminal Law Competition Law State Monopoly Free Movement of Goods Distribution of Manufactured Tobacco Smuggling Dominant Position +1 more

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Parties

Mr Banchero

Defendant

Italian authorities

Prosecution

Procedural Posture

Criminal / Preliminary Ruling

Legal Issues

  1. 1 Compatibility of Italian tobacco monopoly and distribution system with EEC Treaty provisions
  2. 2 Whether penal provisions for possession of foreign tobacco products contravene Article 30
  3. 3 Whether retail distribution monopoly constitutes abuse of dominant position

Ratio Decidendi

Italian legislation reserving retail sale of manufactured tobacco products to authorized distributors does not violate Articles 30, 37, 86, or 90 of the EEC Treaty, provided the State does not intervene in procurement choices and access for imported products is not impeded more than for domestic products. Penal provisions for possession of tobacco products on which excise duty has not been paid are not precluded by Article 30 if they do not hinder importation and apply equally to domestic and imported products.

Court Disposition

Preliminary ruling issued; national legislation upheld as compatible with EEC Treaty provisions.

Orders

  • Article 37 EEC Treaty not relevant if State does not intervene in procurement choices.
  • Legislation reserving retail sale to authorized distributors does not fall within Article 30 if access is not barred or impeded for imported products.