British e-cigarette manufacturer Totally Wicked said it received permission from the U.K.’s Administrative Court to seek a judicial review by the EU Court of Justice of the revised Tobacco Products Directive (TPD), specifically Article 20 pertaining to e-cigarettes.
The company claims that the TPD article “represents a disproportionate impediment to the free movement of goods and the free provision of services, places electronic cigarettes at an unjustified competitive disadvantage to tobacco products, fails to comply with the general EU principle of equality, and breaches the fundamental rights of electronic cigarette manufacturers.”
A hearing is scheduled for October 6th in the Administrative Court to determine if the matter is to be referred to the EU court, a hearing is likely to take place in 2015.