# C_2019112EN.01000302.xml

| 25.3.2019 | EN | Official Journal of the European Union | C 112/3 |
| --- | --- | --- | --- |

25.3.2019

EN

Official Journal of the European Union

C 112/3

---

Judgment of the Court (First Chamber) of 30 January 2019 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Planta Tabak-Manufaktur Dr. Manfred Obermann GmbH & Co. KG v Land Berlin

(Case C-220/17) (1)

((Reference for a preliminary ruling - Approximation of laws - Validity of Directive 2014/40/EU - Manufacture, presentation and sale of tobacco products - Regulation of ‘ingredients’ - Prohibition of flavoured tobacco products))

(2019/C 112/04)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: Planta Tabak-Manufaktur Dr. Manfred Obermann GmbH & Co. KG

Defendant: Land Berlin

Operative part of the judgment

| 1. | Examination of the first question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Article 7(1), (7) and (14) 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. |
| --- | --- |

1.

Examination of the first question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Article 7(1), (7) and (14) 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.

| 2. | Article 7(14) of Directive 2014/40 must be interpreted as meaning, first, that the concept of ‘product category’ within the meaning of that provision covers cigarettes and roll-your-own tobacco and, second, that the procedure to be followed for determining whether a particular tobacco product reaches the 3 % limit laid down in that provision must be established in accordance with the domestic law of the Member State concerned. |
| --- | --- |

2.

Article 7(14) of Directive 2014/40 must be interpreted as meaning, first, that the concept of ‘product category’ within the meaning of that provision covers cigarettes and roll-your-own tobacco and, second, that the procedure to be followed for determining whether a particular tobacco product reaches the 3 % limit laid down in that provision must be established in accordance with the domestic law of the Member State concerned.

| 3. | Articles 8 to 11 of Directive 2014/40 must be interpreted as not allowing the Member States to determine transposition periods additional to those provided for in Articles 29 and 30 of that directive. |
| --- | --- |

3.

Articles 8 to 11 of Directive 2014/40 must be interpreted as not allowing the Member States to determine transposition periods additional to those provided for in Articles 29 and 30 of that directive.

| 4. | Examination of the second question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of the second subparagraph of Article 9(1), the second sentence of Article 9(4)(a), Article 9(6), Article 10(1)(b), (e) and (f), and the first sentence of the first subparagraph of Article 11(1) of Directive 2014/40. |
| --- | --- |

4.

Examination of the second question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of the second subparagraph of Article 9(1), the second sentence of Article 9(4)(a), Article 9(6), Article 10(1)(b), (e) and (f), and the first sentence of the first subparagraph of Article 11(1) of Directive 2014/40.

| 5. | Article 13(1)(c) and (3) of Directive 2014/40 must be interpreted as requiring the Member States to prohibit the use of information referring to taste, smell, flavourings or other additives even where that information is not promotional information and the use of the ingredients concerned is still permitted. |
| --- | --- |

5.

Article 13(1)(c) and (3) of Directive 2014/40 must be interpreted as requiring the Member States to prohibit the use of information referring to taste, smell, flavourings or other additives even where that information is not promotional information and the use of the ingredients concerned is still permitted.

| 6. | Examination of the third question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Article 13(1)(c) and (3) of Directive 2014/40. |
| --- | --- |

6.

Examination of the third question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Article 13(1)(c) and (3) of Directive 2014/40.

---

(1)  OJ C 239, 24.7.2017.

---