Advocate General does not recommend the European Court of Justice to find the EU snus ban invalid
ECJ Advocate General Saugmandsgaard Øe has today issued his opinion on the EU snus ban. Although he finds that snus is less hazardous than cigarettes he does not recommend the ECJ to find the EU snus ban invalid. In the opinion, the Advocate General gives the EU legislature a very broad discretion in areas which involve political, economic and social choices. He states that in his opinion it is not the task of the Court to assess the scientific evidence submitted in the case but rather recommends that the Court leave such assessments to the EU legislature.
“We are disappointed with the opinion and hope that the Court will come to a different conclusion in its final ruling,” says Marie-Louise Heiman, General Counsel at Swedish Match. The reasoning behind the Advocate General’s opinion would severely limit the Court’s assessment of EU legislation. With this reasoning, almost any product could be banned in the EU without a meaningful judicial review. The final ruling is expected towards the end of the second quarter or in the third quarter of this year.
Marie-Louise Heiman, General Counsel
Office +46 8 658 0179
Patrik Hildingsson, Vice President Communications & Public Affairs
Office +46 76 819 38 70