Search Results for: Directive 98/43/EC

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Regina v Secretary of State for Health and Others, ex parte Imperial Tobacco Limited and others: HL 7 Dec 2000

Where a party sought an injunction to prevent a government from implementing a European Union directive, pending a decision from the European Court, on whether domestic or community law was to be applied, the domestic court must refer the matter to the European Court of Justice. This was necessary to achieve consistency throughout the Union, … Continue reading Regina v Secretary of State for Health and Others, ex parte Imperial Tobacco Limited and others: HL 7 Dec 2000

Regina v Secretary of State for Health and Others, Ex Parte Imperial Tobacco Ltd and Others etc: ECJ 10 Oct 2000

A ban on tobacco advertising had been reached on the wrong legal basis under the Treaty, and was accordingly invalid. The Directive had been adopted under article 100a, but that was concerned only with measures to support harmonisation of member legal systems. The true aim of the directive was to improve health levels, but article … Continue reading Regina v Secretary of State for Health and Others, Ex Parte Imperial Tobacco Ltd and Others etc: ECJ 10 Oct 2000

Regina v Secretary of State for Health and others, Ex Parte Imperial Tobacco Ltd and Co: QBD 16 Nov 1999

A European Directive which claimed to be one approximating laws, could still be a health measure, and it was therefore outside the scope of the European Parliament and Council to regulate the activity. The aim of the Directive was clear, even if mis-stated, and the imposition of regulations before a decision of the European Court … Continue reading Regina v Secretary of State for Health and others, Ex Parte Imperial Tobacco Ltd and Co: QBD 16 Nov 1999