Germany v. European Parliament and Council (Tobacco advertising II)

The European Union (EU) adopted a directive that prohibited advertisements for tobacco products in printed publications in EU member states. The directive also prohibited radio advertisements for tobacco products and banned tobacco companies from sponsoring radio programs. This directive was based on the approximation provision of community law that authorized the European Parliament and the European Council to adopt measures to harmonize laws between member states to establish an internal EU market with the free movement of goods (the approximation provision). The directive stated that the prohibitions on tobacco advertising were necessary to create uniform advertising rules across EU member states to facilitate the internal EU market with respect to the market for newspapers and radio programs. Germany (plaintiff), an EU member state, initiated an action to annul the directive. Germany noted that the text of the directive was altered following the adoption of the directive by the European Parliament, and consequently, the text of the directive later approved by the European Council differed from the text adopted by the European Parliament. Specifically, Germany pointed to a broader interpretation of what constitutes “print media” in the German-language version of the amended text. Germany argued that the amendments to the text violated the legislative procedure prescribed by the Treaty on the Functioning of the European Union.