Case C-547/14 Philip Morris V. Secretary Of State For Health (4 May ...

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Key Point

Measures that only partially harmonise national rules are competent under Article 114 TFEU

Directive 2014/40 which standardised the packaging of cigarettes and permitted member states to introduce further requirements beyond the directive
Philip Morris and British American Tobacco sought judicial review against its implementation
The English High Court sought a preliminary reference on its validity

There were disparities in the national rules, which were likely to increase in the absence of action
Though the Directive introduces or preserves differences in national rules, other aspects of the packaging were harmonised
Furthermore, it is within the discretion of the EU legislature under Article to proceed towards harmonisation in stages
Although future national requirements might impede free movement, partial harmonisation still promotes the functioning of the internal market

Once the primary objective of harmonisation for the internal market is taken into account, the directive is not manifestly inappropriate

The Directive has two objectives:
1. Facilitate functioning of the internal market for tobacco
2. Ensuring protection of human health especially for the young
Even if the second objective could be better achieved at the state level, it would create divergences that would defeat the first objective
The interdependence of the two objectives means that the EU could legitimately so act

Proportionality is automatically treated as fulfilled if the directive falls within the competence of Article 114

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