# C_2017256EN.01001201.xml

| 7.8.2017 | EN | Official Journal of the European Union | C 256/12 |
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7.8.2017

EN

Official Journal of the European Union

C 256/12

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 19 May 2017 — Fédération des fabricants de cigares and Others v Premier ministre, Ministre des Affaires sociales et de la Santé

(Case C-288/17)

(2017/C 256/09)

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicants: Fédération des fabricants de cigares, Coprova, E-Labo France, Smakq développement, Société nationale d’exploitation industrielle des tabacs et allumettes (SEITA), British American Tobacco France

Applicants:

Defendants: Premier ministre, Ministre des Affaires sociales et de la Santé

Defendants:

Interveners: Société J. Cortès France, Scandinavian Tobacco Group France, Villiger France

Interveners:

Questions referred

Questions referred

| 1. | Must Article 13(1) and (3) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 (1) be interpreted as prohibiting the use, on unit packets, outside packaging and tobacco products, of any brand name calling to mind certain qualities, however well-known it is? |
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1.

Must Article 13(1) and (3) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 (1) be interpreted as prohibiting the use, on unit packets, outside packaging and tobacco products, of any brand name calling to mind certain qualities, however well-known it is?

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| 2. | Depending on the interpretation to be given to Article 13(1) and (3) of the directive, do those provisions, in so far as they apply to names and trade marks, comply with the right to property, freedom of expression, the freedom to conduct a business and the principles of proportionality and legal certainty? |
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2.

Depending on the interpretation to be given to Article 13(1) and (3) of the directive, do those provisions, in so far as they apply to names and trade marks, comply with the right to property, freedom of expression, the freedom to conduct a business and the principles of proportionality and legal certainty?

| 3. | If the preceding question is answered in the affirmative, under what conditions can a Member State, without infringing the right to property, freedom of expression, the freedom to conduct a business and the principle of proportionality, avail itself of the option open to it under Article 24(2) of the directive in order to require manufacturers and importers to have plain, standardised unit packets and outside packaging? |
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3.

If the preceding question is answered in the affirmative, under what conditions can a Member State, without infringing the right to property, freedom of expression, the freedom to conduct a business and the principle of proportionality, avail itself of the option open to it under Article 24(2) of the directive in order to require manufacturers and importers to have plain, standardised unit packets and outside packaging?

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(1)  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 (OJ 2014 L 127, p. 1).

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