# C_2016243EN.01001201.xml

| 4.7.2016 | EN | Official Journal of the European Union | C 243/12 |
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4.7.2016

EN

Official Journal of the European Union

C 243/12

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Judgment of the Court (Second Chamber) of 4 May 2016 (request for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) — United Kingdom) — The Queen, on the application of: Philip Morris Brands SARL, Philip Morris Ltd, British American Tobacco UK Ltd v The Secretary of State for Health

(Case C-547/14) (1)

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((Reference for a preliminary ruling - Approximation of laws - Directive 2014/40/EU - Articles 7, 18 and 24(2) and (3) - Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 - Manufacture, presentation and sale of tobacco products - Validity - Legal basis - Article 114 TFEU - Principle of proportionality - Principle of subsidiarity - Fundamental rights of the European Union - Freedom of expression - Charter of Fundamental Rights of the European Union - Article 11))

(2016/C 243/11)

Language of the case: English

Referring court

Referring court

High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)

Parties to the main proceedings

Parties to the main proceedings

Applicants: The Queen, on the application of: Philip Morris Brands SARL, Philip Morris Ltd, British American Tobacco UK Ltd

Applicants:

Defendant: The Secretary of State for Health

Defendant:

Interested parties and interveners: Imperial Tobacco Ltd, JT International SA, Gallaher Ltd, Tann UK Ltd, Tannpapier GmbH, V. Mane Fils, Deutsche Benkert GmbH & Co. KG, Benkert UK Ltd, Joh. Wilh. von Eicken GmbH

Interested parties and interveners:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 24(2) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC must be interpreted as permitting Member States to maintain or introduce further requirements in relation to aspects of the packaging of tobacco products which are not harmonised by that directive. |
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Article 24(2) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC must be interpreted as permitting Member States to maintain or introduce further requirements in relation to aspects of the packaging of tobacco products which are not harmonised by that directive.

| 2. | Article 13(1) of Directive 2014/40 must be interpreted as prohibiting the display, on the labelling of unit packets and on the outside packaging, as well as on the tobacco product itself, of any information covered by that provision, even if the information concerned is factually accurate. |
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2.

Article 13(1) of Directive 2014/40 must be interpreted as prohibiting the display, on the labelling of unit packets and on the outside packaging, as well as on the tobacco product itself, of any information covered by that provision, even if the information concerned is factually accurate.

| 3. | Consideration of the questions referred for a preliminary ruling by the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) has disclosed no factor of such a kind as to affect the validity of Articles 7, 18 and 24(2) and (3) of Directive 2014/40 or that of the provisions of Chapter II of Title II of that directive. |
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3.

Consideration of the questions referred for a preliminary ruling by the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) has disclosed no factor of such a kind as to affect the validity of Articles 7, 18 and 24(2) and (3) of Directive 2014/40 or that of the provisions of Chapter II of Title II of that directive.

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(1)  OJ C 56, 16.2.2015.

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