The ECJ Advocate General Nils Wahl suggests that the EU Court of Justice prevent retailers from selling tobacco products below the prices indicated on the tax stamps (Colruyt)
Does the restriction upon the retail sale of tobacco products below the minimum prices set by manufacturers or importers on the tax stamp breach competition law?*
On 21 April 2016, the Advocate General Nils Wahl issued his Opinion in Case C-221/15 – a proceeding initiated by a request for preliminary ruling from the Brussels Court of Appeal. The case concerns the compliance of the prohibition upon retailers to sell tobacco products below the price indicated on the tax stamps by manufacturers and importers of tobacco products with the principle of free movement of goods within the European Union (“EU”) as well as with EU competition law. Mr. Wahl suggests that the European Court of Justice (the “Court of Justice”) accept that as far as manufacturers and importers are free to determine the
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