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European Court of Justice likely to annul ban

BMJ 2000; 320 doi: https://doi.org/10.1136/bmj.320.7251.1691/a (Published 24 June 2000) Cite this as: BMJ 2000;320:1691
  1. Clare Dyer, legal correspondent
  1. BMJ

    The European Court of Justice is likely to follow the advocate general's opinion—that the EU antismoking legislation is illegal—and annul the ban. It follows his advice in 80% of cases. But that will not stop the UK government introducing a ban of its own.

    The Labour party committed itself in its election manifesto to a ban before the next election. Public health minister Yvette Cooper said the government would await the full judgment of the Luxembourg court but in the meantime would press ahead with drafting legislation.

    This is likely to be greeted by further legal challenges from the tobacco companies, which opposed the EU directive.

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