Report 2011 - EFTA Court

103. The Defendant proposes that the Court should answer the second
question as follows:
Assuming that the national court concludes that the display ban falls
under the scope of Article 11 EEA, it is justified on grounds of public
health unless it is apparent that, in the circumstances of law and of
fact which characterise the situation in the EEA Contracting Party
concerned, the protection of public health against the harmful effects
of tobacco use can be secured equally effectively by measures having
less effect on intra-EEA trade.
The Finnish Government
104. The Finnish Government points out that a visual display ban was
adopted by the Finnish Parliament in 2010 and will take effect in
2012. The main goal of the Finnish legislation is to strengthen
existing statutory provisions enacted in 1976 for the purposes of
reducing smoking and related health detriments and to provide
for more efficient measures to reduce the opportunities for
children and young people to start smoking.
105. The Finnish Government observes that prohibition of the
visible display of tobacco products constitutes one of the most
important elements of the new legislation. Although advertising
of tobacco products and other sales promotion activities have
been banned for over three decades, the new prohibition is
necessary because the visible display of tobacco products has
become a significant method of marketing. in addition, the way
in which products are displayed is of particular concern. These
products are, as a rule, placed at the cash desk of retail stores
where products intended for children and adolescents are stored.
Placing products attractive to these groups alongside tobacco
products brings such tobacco products to their attention and
increases the risk that they will start smoking.
The first question
106. in the Finnish Government’s view, a general prohibition on the
visible display of tobacco products cannot be considered a
CASE E-16/10 Philip Morris Norway xxxxxxxxxxxxxxxxxxxxxxxxxxx AS v The Norwegian State 464 397