Promoting Human Health and the Functioning of the Internal Market: The Reaffirmation of the Tobacco Products Directive’s Key Objectives in Poland v. Parliament and Council, Pillbox 38 and Philip Morris Brands and Others

Abstract

The regulation of tobacco in the EU has a history of tough negotiations and legal challenges and the new 2014 Tobacco Products Directive has already proven to be no exception. Striving to promote the functioning of the internal market, yet at the same time maintain high level of health protection, this piece of legislation proliferated from international standards under the World Health Organization (WHO) Framework Convention on Tobacco Control and introduced more stringent marketing requirements for tobacco and its products than its predecessor. However, the Directive was immediately challenged by the industry and some Member States, which claimed that the new requirements on packaging and labelling as well as trade of tobacco and related products were inconsistent with the primary law. This analysis provides an insight into three recent parallel judgments of the European Court of Justice in cases Poland v. Parliament and Council, Pillbox 38 and Philip Morris Brands and Others, which upheld the legality of the Tobacco Products Directive and reaffirmed the importance of preserving the balance between the smooth functioning of the internal market and the promotion of human health within the EU.