In Germany, the world of vaping is undergoing a real cataclysm! The trade in electronic cigarettes containing nicotine is now punishable…. A situation which turns out to be very worrying a few months after the Transposition of the tobacco directive.
This situation is the consequence of a decision of the Court of Karlsruhe (highest German court of justice, both in civil and criminal matters), made public yesterday: in this case the Court of Karlsruhe confirmed a fine of around € 9000 emanating from the Court of Frankfurt, against an electronic cigarette reseller (both physical and online store).
This decision has a character "Of principle" / of jurisprudence, that is to say a decision which is in theory final or which can only be called into question by a law. Remember that the Transposition of the tobacco directive (TPD) is coming in May, so this decision will not be " fundamental »Until May 2016, due to the superiority of European law over German law.
In its court decision, the Court of Karlsruhe defined the vape as a tobacco product, of which the German legal category prohibits the addition of certain substances, for example ethanol, glycerin or certain flavors present in e-liquids. . The articles evoke a context of " regulatory upheaval“, Specifying that the regulation of vaping in Germany will be impacted from May 2016 by the TPD. The estimate of the German vaping market in 2015 being evaluated at 275 million, the concern must be great among e-cigarette sellers.
The articles indicate that the situation concrete "Trade in nicotine e-liquids is very uncertain (or even formally prohibited), from this beginning of February, and until May 2016, and this" for 5500 outlets in Germany"
Source : Handelsblatt.com - Shz.de - Focus.de - Derwesten.de
Update 10/02/2016
Following up on our article on the situation of shops in Germany, this morning the situation remains very complicated. The vaping professionals are opposed to the court decision. Until then Germany, which is a country known to be square, presents us with an incredible legal vacuum which calls for caution.
According to VdeH, the Federal Court ruling regarding e-liquids containing nicotine is a violation of intra-EU trade. After the entry into force of the TPD on May 20, 2016, i.e. in approximately 90 days, the trade in e-cigarettes and e-liquids will be officially regulated. This ban on nicotine e-liquids or e-cigarettes with integrated cartridges containing nicotine is now a reality and it therefore seems that Germany will have to wait for the transposition of the tobacco directive with sad enthusiasm in order to see the situation return to the problem. 'order.
For Dac Sprengel, President of VDEh: "This decision is a bad joke. The Federal High Court failed to appeal to the European Court. This should have reminded the German judges that their decision concerns the EU internal market. The futility of this 90-day decision would have been clear. »
From Sprengel until the imminent implementation of the tobacco directive, all organizations should keep a cool head:
« We call on the German authorities not to rush. The sale of e-liquids containing nicotine will soon be legalized on a European scale."
Currently, no one really knows the consequences of this decision of the Court of Karlsruhe, neither the judges, nor the professionals. A real legal vagueness is in place in Germany and all that we know is that in 90 days, the transposition of the tobacco directive will come to regulate e-cigarettes and e-liquids. Obviously, Germany prefers to hide its face rather than accept a decision that ridicules a country known for its legalism. The most tragic thing is that although no one wants the transposition of the tobacco directive, professionals will now be impatiently awaiting it so that it can counter the decision of their own court of law ... A situation and a very astonishing court decision 3 months from a regulation programmed since 2014, to wonder if this has not been organized in order to pass the pill of the PDT more easily.
Source : Vd-eh.de
