Report 2011 - EFTA Court

is linked to traditional social practices and to local habits and
customs.
110. The Finnish Government does not accept the arguments advanced
by the Plaintiff to the effect that the visual display ban impedes
the market access of new products from other EEA States to
the benefit of brands that are already established. Noting that
no tobacco products are produced in Norway, it argues, first,
that, as a consequence, consumers cannot be more familiar with
any domestic products. 80 Second, the display ban affects the
market access of new domestic products in a similar manner to
the market access of new products from other Member States.
Similarly, it rejects the argument that the display ban implies the
prevention of market access and argues that the case-law referred
to by the Plaintiff is not relevant. 81
111. Accordingly, the Finnish Government proposes that the Court
should answer the first question as follows:
A general prohibition against the visible display of tobacco products
does not constitute a measure having equivalent effect to a
quantitative restriction on the free movement of goods within the
meaning of Article 11 of the EEA Agreement.
The second question
112. As the Finnish Government has concluded that the answer to the
first question must be that the contested measure does not have
equivalent effect to a quantitative restriction for the purposes of
Article 11 EEA, it considers it unnecessary to answer the second
question.
113. if, however, the Court concludes that a general prohibition on
the visible display of tobacco products constitutes a measure
having equivalent effect to a quantitative restriction on the free
movement of goods, the Finnish Government considers that the
restriction is justifiable on grounds of protection of health and life
of humans in accordance with Article 13 EEA.
80 Reference is made to De Agostini and TV-Shop, cited above
81 Reference is made to Mickelsson and Roos, cited above.
CASE E-16/10 Philip Morris Norway xxxxxxxxxxxxxxxxxxxxxxxxxxx AS v The Norwegian State 468 399