Judgment_paragraph 20 · Pro Rauchfrei eV v JS eK (C-356/22)

20According to the usual meaning of the words ‘make … available’, a tobacco product must be regarded as having been ‘placed on the market’ within the meaning of the first sentence of Article 8(3) of Directive 2014/40 when consumers can acquire it. Accordingly, where a tobacco product is made available for sale, it must be regarded as having been placed on the market, even before it has been purchased and payment has been made.

Pro Rauchfrei eV v JS eK (C-356/22)

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