From EU Observer: Belgian judge seeks EU-wide ban on cigarette sales.
The EU court in Luxembourg has lodged two anti-smoking cases which could, in theory, lead to a ban on the sale of tobacco products across the EU.
The two complaints, entitled “Rossius C267/10” and “Collard C268/10,” lodged in Luxembourg on 28 May, call for the EU to ban the sale of cigarettes and the collection of excise duties on tobacco products in Belgium.
They also ask the court to examine if the sale of tobacco products goes against the Lisbon Treaty, the Charter of Fundamental Rights and the UN’s 1989 Convention on the Rights of the Child.
Baudouin Hubaux, a Belgian anti-smoking campaigner and a judge at the regional court in Namur, Belgium, who referred the cases to Luxembourg, told Belgian press that the best outcome would be for the court to ban cigarettes across the union or, at the least, to set out the financial liability of tobacco companies for damages to people’s health.
Mr Hubaux’ statement of reasoning, as submitted to Luxembourg, was published in the Belgian daily, La Derniere Heure, on 3 June.
“Future historians who will explore the 20th century will surely be surprised at the timidity of measures against smoking,” it says. “If we fail to reduce consumption, smoking will kill 520 million people worldwide between 1950 and 2050, 10 times more than the Second World War.”
The EU tribunal will now consider whether the case is admissible. If it goes ahead, the court will appoint a rapporteur and advocate general and table hearings leading to a judgment some 17 months down the line.
That’s never happen!, you say? Think again… The link also contains this gem:
The Lisbon Treaty recently clarified existing case law that the EU court has primacy over member states’ legislation.
We. Are. F.cked.