Germany fights tobacco ban

(28-Oct-98) - The German government has launched an attempt to overturn the
EU's ban on tobacco advertising.

It has started a law suit claiming that the ban, which is to be phased in
over the next three years, is illegal.

Germany claims that the EU directive on tobacco advertising and sponsorship
should be overturned because it was introduced under the wrong part of the
Treaty of Rome, which set up the EU.

The Germans' case is that it was drafted under article 100, which is to do
with unifying the market, whereas it should have been brought in under
article 129, which deals with health issues.

However, article 129 only allows for recommendations, which are not binding
on EU member countries, not directives, which are. Under EU law, health
matters are a subject for the conscience of individual countries'
governments.

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