Official Journal of the European Union

C series

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C/2025/1070

(Case C-665/24, Staatssecretaris Jeugd, Preventie en Sport)

(C/2025/1070)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant: Staatssecretaris Jeugd, Preventie en Sport

Respondents: Diamond Flavours BV, UEG Holland BV

Questions referred

1.Must Article 23(2), read in conjunction with point 40 of Article 2 and Article 20(4)(b)(i), of Directive 2014/40/EU (1) of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC be interpreted as meaning that the obligation on Member States to ensure that refill containers whose unit packets do not include an accurate indication of their nicotine content are not placed on the market covers not only the sale of those refill containers at or by a retail outlet, but also their supply to a retail outlet?

2.If the answer to the first question is in the affirmative, in a situation such as that at issue here where an administrative fine has been imposed, can an economic operator who has purchased refill containers from a manufacturer or importer within the meaning of Directive 2014/40 be held responsible and thus be blamed for having placed on the market refill containers whose unit packets include an incorrect indication of their nicotine content, even though the nicotine content indicated on the unit packet corresponds to the nicotine content of that refill container as stated in the notification within the meaning of Article 20(2) of Directive 2014/40?

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ELI: http://data.europa.eu/eli/C/2025/1070/oj

ISSN 1977-091X (electronic edition)

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