Tobacco Advertising

The EU's highest court on Tuesday rejected Germany's arguments that the advertising ban contravened rules that aimed at ending national barriers to trade within the 25-member block.

The EU tobacco advertising directive was agreed in 2003 but was supposed to be transposed into national legislation by July 31, 2005. Germany had contested the directive's legal basis and wanted the partial annulment of the law.

However, the Luxembourg court rejected these arguments, saying that divergent national regulations on tobacco advertising impede the free movements of goods and the exchange of goods and services within the EU.

In addition to banning tobacco advertising in print, radio and Internet, the EU directive also bans tobacco sponsorship of cross-border cultural and sporting events.

But advertising in cinemas and on billboards or using merchandising such as ash trays is still permitted, as is tobacco sponsorship at events which are purely local.

Tobacco advertising on television has been banned in the EU since the early 1990s.

The rejection of Germany's challenge has only symbolic meaning, as the German lower house voted overwhelmingly in November in favor of the ban to bring Germany in line with EU law. The upper house still has to pass the law.