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European Law Cases
European integration, Constitutional limits on European lawmaking Cases

C-491/01 Ex Parte British American Tobacco [2002] ECR I – 11453

Country:
United Kingdom
By Oxbridge Law Team
ECJ (just on subs...

  • A directive on harmonised rules relating to the sale, presentation and manufacture of cigarettes were held to be a genuine promotion of the functioning free market.

  • This was because the likelihood of member states adopting different rules on the subject were great, given increasing consciousness on this issue. 

ECJ (just on subsidiarity bits)

  • Subsidiarity applies to Article 95:

In as much as that provision does not give it exclusive competence to regulate economic activity on the internal market

  • (see Article 5 above - subsidiarity only arises where EC does NOT have exclusive competence).

  • The removal of barriers:

Cannot be sufficiently achieved by the Member States individually and calls for action at Community level, as demonstrated by the multifarious development of national laws in this case.

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