Judgments nº C-222/91 of Court of Justice of the European Communities, June 22, 1993

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Summary


1. Article 4(5) of Directive 89/622 on the labelling of tobacco products, in its original version, is to be interpreted as meaning that Member States may not require that, so far as national production is concerned, on unit packets of tobacco products other than cigarette packets the general health warning referred to in Article 4(1) must cover at least 4% of the surface on which it is printed. That option is, however, permitted under the version of Article 4(5) which is laid down in Directive 92/41 amending Directive 89/622.

2. Article 4(2) of Directive 89/622 on the labelling of tobacco products requires only one specific health warning to be printed on each cigarette packet and Member States may not require more than one such warning, since the provision in question does not lay down a minimum requirement.

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Extract


Judgments nº C-222/91 of Court of Justice of the European Communities, June 22, 1993

Grounds

1 By order of 27 August 1991, received at the Court on 4 September 1991, the Consiglio di Stato in Sede Giurisdizionale (Council of State sitting as a court of law) referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty three questions on the interpretation of Article 4 of Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products (OJ 1989 L 359, p. 1, hereinafter referred to as "the directive").

2 The questions arose in two actions brought before the Tribunale Amministrativo Regionale del Lazio (Administrative Court for the Lazio Region) by the companies Philip Morris Belgium,...

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