Language of document :

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 June 2022 – Pro Rauchfrei e.V. v JS e.K.

(Case C-356/22)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Pro Rauchfrei e.V.

Defendant: JS e.K.

Questions referred

Does the concept of ‘placing on the market’ within the meaning of the first sentence of Article 8(3) of Directive 2014/40/EU 1 cover the offering of tobacco products via vending machines in such a way that, although the cigarette packets contained in them display the warnings prescribed by law, the cigarette packets are initially stocked in the machine in such a way that they are not visible to the consumer, and the warnings on them become visible only when the customer operates the machine, which has previously been enabled by the cashier, and the cigarette packet is thus dispensed onto the checkout belt prior to the payment process?

Does the prohibition in the first sentence of Article 8(3) of Directive 2014/40/EU on warnings being ‘hidden by other items’ cover the case in which the entire tobacco packaging is hidden when the goods are presented by an automatic vending machine?

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1     Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1).