The hearing in the case of Pro Rauchfrei e.V. against the operator of two Munich supermarkets took place on 14 May 2020 before the L. Civil Senate of the Federal Court of Justice.
15.05.2020 As previously before the Regional Court and the Higher Regional Court of Munich, the question is whether the legally required warnings on cigarette packets may be concealed when sold in vending machines at supermarket checkouts.
Pro Rauchfrei’s ultimate aim with the lawsuit is that tobacco products should not be visible or available to minors in public. If the deterrent warning pictures on the packs have to be visible, the “premium place” for tobacco products directly at the checkouts can in all likelihood no longer be maintained.
The Chairman’s introduction focussed on the interpretation of the provisions of the Directive, in particular Article 8 (3) of the Tobacco Products Directive (TPD). It was not sufficiently clear from this whether concealment could also be achieved by vending machines. However, the opposing party argues in this direction, while Pro Rauchfrei assumes that any concealment should be expressly excluded in the TPD, as otherwise the purpose of the directive would be defeated.
During the hearing, it remained to be seen whether the Senate would refer the matter to the European Court of Justice (ECJ). The date of pronouncement was set for 25 June 2020.
Our press release on the hearing before the Munich Higher Regional Court in July 2019: Warnings on cigarette packs