The European court of justice and the annulment of the tobacco advertisement directive: Friend of national sovereignty or foe of public health?

George Tridimas, Takis Tridimas

Research output: Contribution to journalArticle

17 Scopus citations

Abstract

In Case C-376/98 Germany ν Council the European Court of Justice annulled a Directive which banned the advertisement and sponsorship of tobacco. The judgment sanctions regulatory policy-making at the national rather than the Community level. The paper examines the legal basis of the annulment, its effect on economic efficiency and the implied role of the Court in the formulation of public policy in Europe. Within the institutional limits of the judicial power to determine policy, the Court focused on whether or not disparate national laws restrict free movement and distort competition and affirmed the primacy of the nation state to regulate economic activity.

Original languageEnglish (US)
Pages (from-to)171-183
Number of pages13
JournalEuropean Journal of Law and Economics
Volume14
Issue number2
DOIs
StatePublished - Jan 1 2002

All Science Journal Classification (ASJC) codes

  • Business and International Management
  • Economics and Econometrics
  • Law

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