Op-Ed: “Purely internal Situations and Proportionality in free Movement cases” (C-16/23, FA.RO. di YK & C.)”

On 17 October 2024, the First Chamber of the Court of Justice handed down its judgement in case FA.RO. (C‑16/23), a classic internal market dispute. The judgement is noteworthy in several regards, not least because few cases involving national tobacco control measures have reached the Court over the last few years (CDIL, Case C‑96/22 and ANETT, Case C-456/10 are notable exceptions). As the Court does not depart from the Advocate General’s opinion on any significant point, reference will only be made here to the Court’s judgement.

The facts of the present case are straightforward. FA.RO. operates a bar and restaurant in the municipality of Finale Ligure in Italy. Its request to sell tobacco in its establishment was refused by the S