Germany

[DE] Bill Banning Tobacco Advertising

IRIS 2005-7:1/16

Kathrin Berger

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Federal Government has passed a Bill banning tobacco advertising, which is designed to implement the EC Directive of 26 May 2003 on the European regulation of tobacco advertising.

The Bill makes provision for a complete ban on advertising of tobacco products in broadcasting, the press and the Internet. Sponsorship by tobacco companies is also prohibited. The Directive must be transposed into German law by 31 July 2005.

A complaint from Germany about the EC Tobacco Advertising Directive has been pending with the ECJ since September 2003. In the complaint, the Federal Government is particularly critical of the ban on advertising in the printed media and information society services, as well as the ban on advertising and sponsorship of broadcast programmes. In the Government's opinion, the EU is not entitled to impose such a ban, since it also prohibits advertising in media that are aimed solely at the domestic market. However, the ECJ is not expected to rule on the complaint until the end of 2005 at the earliest.