C-491/01 R v Secretary of State ex parte BAT and Imperial Tobacco [2002]

C-491/01 R v Secretary of State ex parte BAT and Imperial Tobacco [2002] ECR I-11453 is significant in establishing the conditions under which individuals or entities can challenge the validity of EU legislation of general application in national courts, even before the deadline for the implementation of the directive has passed.

Tobacco manufacturers in the UK challenged a directive regulating the packaging of tobacco. They initiated proceedings before the High Court for judicial review regarding the intention or obligation of the UK government to transpose the Directive into national law. Additionally, they sought a preliminary reference on the validity of the underlying directive.

The Commission and the French government contended that the request for a preliminary reference was inadmissible. They argued that the preliminary reference was made before the deadline for the implementation of the directive, during which the directive had no direct effect. Furthermore, they claimed that allowing such references would circumvent the requirements for admissibility of direct actions under Article 230 EC (now Article 263 TFEU).

The ECJ ruled that it has jurisdiction to give preliminary rulings concerning the validity and interpretation of acts of the Community institutions under Article 234 EC (now Article 267 TFEU), regardless of whether they are directly applicable. In the context of the legal remedies and procedures established by the EC Treaty, individuals who cannot directly challenge Community measures of general application under Article 263 TFEU can indirectly do so by pleading the invalidity of such acts before the Community judicature under Article 241 EC (now Article 277 TFEU), and by bringing the issue before national courts and requesting them to make a reference to the ECJ for a preliminary ruling on validity.

The Court emphasised that the opportunity for individuals to plead the invalidity of a Community act of general application before national courts is not conditional upon the act having been subject to implementing measures adopted pursuant to national law. It is sufficient if the national court is called upon to hear a genuine dispute in which the question of the validity of such an act is raised indirectly.

This case clarified the conditions under which individuals or entities can challenge the validity of EU measures of general application in national courts, even before the implementation deadline has passed. The ruling ensures that individuals have avenues to contest the validity of EU acts through both direct and indirect means, promoting the effectiveness of judicial review within the EU legal framework. The relevant principles from this case have been incorporated into Article 263 TFEU, particularly in paragraph 40.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.