For a Few Cigarettes More: The AG Opinion in the JTI Case

• Main Author: Valentin Vandendaele
• Format: Article
• Language: English
• Published: European Papers (www.europeanpapers.eu) 2020-01-01
• Series: European Papers
• Subjects: tobacco; price regulation; art. 15, para. 1, of directive 2011/64; products; effective competition; public health
• Online Access: https://www.europeanpapers.eu/en/europeanforum/for-a-few-cigarettes-more-ag-opinion-in-jti-case

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(3), 871-880 | European Forum Insight of 27 January 2020 | (Table of Contents) I. Introduction. - II. The AG's Opinion. - II.1. Preliminary observations. - II.2. Interpretation in the light of the general scheme. - II.3. Teleological interpretation. - II.4. Conclusion. - III. Comment. - III.1. Interpretation in the light of the general scheme. - III.2. Teleological interpretation. - IV. Conclusion. | (Abstract) In his Opinion delivered on 6 December 2018 in case C-596/17, JTI, AG Saugmandsgaard Øe argued that Art. 15, para. 1, of Directive 2011/64 authorises Member States to prevent tobacco manufacturers and importers from varying the retail selling price per item or gram for each of their manufactured tobaccos of a certain brand and type in function of the quantity in which the tobacco is packaged. This Insight makes the case that the AG's arguments are unconvincing, however.