AG Emiliou proposes re-examination of Plaumann case law
Advocate General Emiliou delivered his Opinion in the case Nicoventures Trading and Others v European Commission (C-731/23 P), concerning the admissibility of an action brought by companies of the British American Tobacco group challenging an amendment to Directive 2014/40/EU (Tobacco Products Directive). The General Court had declared the action inadmissible on the ground that the applicants were not ‘individually concerned’ under the test established in the Plaumann judgment (Case 25/62).
AG Emiliou reaffirmed the core principles of the Plaumann case law but noted its complexity and some overly restrictive applications. He proposed that the Court of Justice should clarify and systematise the case law, refine the closed-group test by removing the requirement that the group affected must be fixed at the time of adoption, and apply the test consistently to all applicants and all types of rights.
Examining the facts, AG Emiliou found that the British American Tobacco group companies occupy a distinct position due to their authorisations, investments, and market impact. Accordingly, he recommended that the action be declared admissible and the case referred back to the General Court for consideration on the merits.
For more information, see AG Emiliou’s Opinion.