Official Journal of the European Union
Judgment of the Court (First Chamber) of 24 February 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — PJ v Agenzia delle dogane e dei monopoli — Ufficio dei monopoli per la Toscana, Ministero dell’Economia e delle Finanze
(Case C-452/20) (1)
(Reference for a preliminary ruling - Approximation of laws - Directive 2014/40/EU - Article 23(3) - World Health Organisation Framework Convention on Tobacco Control - Prohibition on selling tobacco products to minors - Rules on penalties - Effective, proportionate and dissuasive penalties - Obligation on sellers of tobacco products to verify the buyer’s age when selling those products - Fine - Operation of a tobacconist’s shop - Suspension of trading licence for a period of 15 days - Principle of proportionality - Precautionary principle)
Language of the case: Italian
Consiglio di Stato
Parties to the main proceedings
Respondents: Agenzia delle dogane e dei monopoli — Ufficio dei monopoli per la Toscana, Ministero dell’Economia e delle Finanze
Operative part of the judgment
The principle of proportionality must be interpreted as not precluding national legislation which, in the case of a first infringement of the prohibition on the sale of tobacco products to minors, provides, in addition to the imposition of an administrative fine, for the suspension, for a period of 15 days, of the trading licence authorising the economic operator who has infringed that prohibition to sell such products, provided that such legislation does not exceed the limits of what is appropriate and necessary in order to attain the objective of protecting human health and reducing, in particular, smoking prevalence among young people.
(1) OJ C 423, 7.12.2020.