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Tobacco Products Directive: EU Judgment in Case C-759/23 PJ Carroll and Nicoventures Trading
Thursday 26th June 2025
Judgment in Case C-759/23 PJ Carroll and Nicoventures Trading
(Approximation of Laws – Freedom of establishment – Freedom to provide services)
The Tobacco Products Directive (Directive 2014/40/EU) regulates the manufacture, presentation, and sale of tobacco and related products in the European Union. Under Article 7, cigarettes and roll-your-own tobacco with a characterising flavour, as well as their flavoured components, were prohibited. Additionally, Article 11 set out mandatory labelling obligations for cigarettes, roll-your-own tobacco and waterpipe tobacco.
In 2022, the European Commission adopted Delegated Directive (EU) 2022/2100, extending the provisions of Articles 7 and 11 to include ‘heated tobacco products’. This amendment prohibited the sale of flavoured heated tobacco products and introduced labelling requirements for these products.
In 2023, Ireland transposed the Delegated Directive (EU) 2022/2100 into Irish regulations. The applicants, PJ Carroll & Company Ltd and Nicoventures Trading Ltd, marketing or planning to market, throughout the EU, heated tobacco products that contain ‘characterising flavourings’ or flavourings in their components, challenged the validity of these regulations in the High Court of Ireland.
They contended that the Commission overstepped its authority under the Tobacco Products Directive. PJ Carroll considers that the Commission was not empowered to adopt Delegated Directive (EU) 2022/2100. It therefore considers that the directive is invalid and that, as a result, the 2023 regulation transposing it into Irish law is unlawful.
The High Court as referring court authorised PJ Carroll to initiate judicial review proceedings seeking, inter alia, a declaration that the Irish 2023 Regulation is invalid. It hence referred two questions to the Court of Justice regarding the interpretation of the Directive’s provisions and the scope of the Commission’s authority.
- Is Delegated Directive (EU) 2022/2100 invalid because it exceeds the powers granted to the Commission under Articles 7 and 11 of the Tobacco Products Directive and in the light of Article 290 TFEU?
- Is Delegated Directive (EU) 2022/2100 invalid because the Commission was not entitled to conclude that a substantial change of circumstances existed?