Harmonizing the internal market or public health? Revisiting Case C-491/01 (British American Tobacco) and Case C-380/03 (Tobacco Advertising II)

• Main Author: LIU, Han-wei
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2009
• Subjects: Case C-376/98 (Tobacco Advertising I); Case C-380/03 (Tobacco Advertising II); Directive 2001/37; Directive 2003/33; Health Law and Policy
• Online Access: https://ink.library.smu.edu.sg/sol_research/4427; https://ink.library.smu.edu.sg/context/sol_research/article/6385/viewcontent/228700182_oa.pdf
• Institution: Singapore Management University

According to settled ECJ case law, including Case C-376/98 (Tobacco Advertising I), Article 95 EC cannot be construed as conferring upon the Community a general power to regulate the internal market. Measures that the Community legislature adopts under this Article must rather have the specific obje...