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C-717/23, Bundesminister für Gesundheit: Judgment of the Court (Second Chamber) of 15 May 2025 (request for a preliminary ruling from the Verwaltungsgerichtshof – Austria) – Bundesminister für Soziales, Gesundheit, Pflege und Konsumentenschutz v MM (Reference for a preliminary ruling – Approximation of laws – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Article 2(40) – Concept of placing on the market – Article 23(2) – Enforcement – Scope – Placing on the market of tobacco products the packaging of which includes non-compliant elements – Supply of tobacco products by a wholesaler to a retail outlet – Fine imposed on the managing director of a company acting as a wholesaler)
ECLI:EU:UNKNOWN:62023CA0717
62023CA0717
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Official Journal of the European Union
C series
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C/2025/3486
(C-717/23,
(1)
Bundesminister für Gesundheit)
(Reference for a preliminary ruling - Approximation of laws - Manufacture, presentation and sale of tobacco products - Directive 2014/40/EU - Article 2(40) - Concept of ‘placing on the market’ - Article 23(2) - Enforcement - Scope - Placing on the market of tobacco products the packaging of which includes non-compliant elements - Supply of tobacco products by a wholesaler to a retail outlet - Fine imposed on the managing director of a company acting as a wholesaler)
(C/2025/3486)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Bundesminister für Soziales, Gesundheit, Pflege und Konsumentenschutz
Defendant: MM
Interested party: Bezirkshauptmannschaft Grieskirchen
Operative part of the judgment
Article 23(2) of Directive 2014/40/EU 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, read in conjunction with Article 2(40) of Directive 2014/40,
must be interpreted as meaning that the obligation of the Member States to ensure that tobacco products whose unit packet labelling infringes the requirements relating to their presentation are not placed on the market is not limited to the stage at which those products are supplied by a retail outlet to the consumer.
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(1) OJ C, C/2024/1840.
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ELI: http://data.europa.eu/eli/C/2025/3486/oj
ISSN 1977-091X (electronic edition)
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