IP case law Court of Justice

Referral C-517/18 (Fédération des fabricants de cigares, 6 Aug 2018)



Must Article 13(1) and (3) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 be interpreted as prohibiting the use, on unit packets, outside packaging and tobacco products, of any brand name calling to mind certain qualities however well-known it is?

Depending on the interpretation to be given to Article 13(1) and (3) of the Directive, do those provisions, in so far as they apply to names and trade marks, comply with the right to property, freedom of expression, the freedom to conduct a business and the principles of proportionally and legal certainty?

If the answer to the previous question is in the affirmative, do the provisions of Article 13 (1) and (3) of the Directive, taken in conjunction with those of Article 24(2) thereof, respect the right to property, freedom of expression, freedom to conduct business and the principle or proportionality?


Case details on the CJEU website (external link)


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