Tobacco advertising ban: Germany rebuffs the EU
Germany had filed a lawsuit seeking to have certain provisions of the EU legislation on advertising and sponsorship of tobacco products declared null and void, but the European Court of Justice rejected the claim.
Germany had filed a lawsuit in an attempt to have the harmonization of EU legislation on advertising and sponsorship for tobacco products declared partially null and void. The argument was that the wrong legal basis had been chosen with the requirements to harmonize the internal market. However, this argument did not hold water with the European Court of Justice. And Germany's economy must now reckon with considerable losses (see ). The ban affects tobacco advertising in the press, on the radio and on the Internet. Advertising on posters and in cinemas will remain permitted. Tobacco advertising has been banned on radio and television in Germany since 1974. The Freedom for Advertising Association now fears that market communication will migrate to non-public areas and could imagine private cigarette parties or cigarette clubs.
