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 129(4) explicitly prevented this from being a purpose for measures under article 100a. There was no element which sought to promote the free movement of goods. There was no absence of free movement of goods, nor distortion of markets between member states to justify the need for the Directive under the article.
Citations:
Times 10-Oct-2000, C-376/99, C-74/99
Statutes:
ECTreaty Art 100a, Directive 98/43/EC on the approximation of laws relating to the advertising and sponsorship of tobacco products
Jurisdiction:
European
Media, European, Commercial, Health
Updated: 09 April 2022; Ref: scu.85479
