[Intl-tobacco] EU: Court Rejects German Government Tobacco Appeal on 1-Day Delay

[Robert Weissman]

Court Rejects German Government Tobacco Appeal on 1-Day Delay

by Robert McLeod
Source: Bloomberg News, 2002-05-17, via tobacco.org
http://quote.bloomberg.com/fgcgi.cgi?T=marketsquote99_news.ht&s=APOUHPBWyQ291cnQg

Luxembourg, May 17 (Bloomberg) -- The European Court of Justice has
thrown out an appeal by Germany against stricter health warnings on
cigarette packs and new limits on nicotine and tar content because
the government's appeal was a day late.

The European Union mandated the new rules last May, shrugging off
protests from tobacco companies and some member states that the
measures will cost jobs. The court's decision doesn't concern
challenges by British American Tobacco Plc and other companies that
will be examined by the court in July.

``The strict application of community rules concerning procedural
delays'' means the court cannot allow the German government appeal
to be heard, the court said in a statement. Germany submitted its
appeal on Oct. 12 last year, while the deadline was midnight, Oct.
11.

Smoking kills half a million EU citizens a year and is the single
biggest preventable health threat to Europeans, according to the
European Commission, the 15-nation bloc's executive arm. The
commission spends about 1 billion euros ($918.5 million) a year
subsidizing tobacco growers in the EU.

Under the new law, larger warning labels would cover at least 30
percent of the front of a pack and 40 percent of the back, compared
with 4 percent at present. Maximum tar contents would be cut to 10
milligrams per cigarette from 12 milligrams and on nicotine content
would be capped at 1 milligram by 2004.

Lawmakers also banned terms such as ``mild, '' ``light'' and ``low
tar, '' and agreed to examine how to carry pictures showing the
effects of smoking, such as rotting teeth and blackened lungs.
Countries will have to apply the measures from Sept. 30.