04.05.2025 Stuttgart Higher Regional Court puts the brakes on the tobacco industry again – outdoor advertising at petrol stations remains illegal
Last August, the Stuttgart Higher Regional Court ruled that petrol stations are not specialist shops for tobacco products. Now it has once again clearly rejected the arguments of the tobacco and mineral oil companies (judgement of 30.04.2025, ref. 2 UKl 9/24).
Pro Rauchfrei issued a warning to a petrol station operator from Friedrichshafen on the grounds that outdoor advertising for tobacco products was not permitted under the Tobacco Products Act. The operator rejected the warning on the grounds that, in terms of turnover, it operated a specialised trade in tobacco products, which was permitted to use outdoor advertising on external surfaces, including the associated window surfaces of business premises. Pro Rauchfrei board member Weinberger commented:
With pleadings of over 70 pages, the opposing party tried to convince the court that its petrol station was a specialist retailer for tobacco products.
The court rejected this argument. In terms of the legislative objective, it was not decisive whether, from the operator’s point of view, sales of tobacco products were economically significant. The operator could not be supported in that its self-image as a specialised tobacco retailer could not be derived from the share of sales presented. The operator did not relate the turnover from tobacco products to the turnover from fuels, but rather to the commission he received from them. However, in order to determine the centre of gravity of the business, it is not the remaining commission shares that are important, but the turnover from the sale of fuels
In the present case, it was also decisive for the classification that the business is primarily perceived by the public as a petrol station and that its offer is aimed at the general public. The channelling of advertising sought by the legislator cannot be achieved in this business environment. The aim of the legislator is to ensure that advertising for tobacco products only takes place within a limited framework in order to guarantee the protection of young people and health.
As the decision was made in summary proceedings, the opposing party can still enforce legal action and bring the matter before the Federal Court of Justice due to its fundamental importance. Board member Weinberger is not afraid of this dispute
If the other side really needs a judgement from the highest German court to finally accept the ban on outdoor tobacco advertising, we will not refuse to go to the next instance. A judgement by the highest court would have an effect from one day to the next for all petrol stations that still think they can continue to advertise tobacco, vapes and the like.