Judge in The Netherlands legalizes import and sale of E-cigs in The Netherlands

[Ludo]

Today, 13 March 2012 a Judge in The Netherlands has legalized the import and sale of Electronic cigarettes and liquids in The Netherlands in a civil court case 414117/KGAZ 12-209 of the court in 'S-Gravenhage

Judgement is as follows:

Judge allows e-cigarettes to be imported from outside the EU to be sold in The Netherlands and prohibits the Dutch Government from actions against the import and sales (for which the government based itself on the pharmaceutical law).

The Judge has ruled that electronic cigarettes are not to be considered pharmaceutical!

The Dutch Government is further fined for a total of 1467 EURO + 131 EURO in costs and 68 EURO for notary costs of the judgement.

Electronic cigarettes are here to stay! Spread the word

 

[Bill Godshall]

Please post a citation and preferably a weblink of the source(s) of this news story.
A copy of the court ruling would be even better.

 

[laurel099]

Agree.. would love to have link too.

 

[Toby]

Link -
Rechtspraak.nl - LJN: BV8613

Translated text -

The decision of the Minister to the e-cigarette final to qualify as a medicine is based on the Medicines Act. The judge must now give a preliminary assessment on whether the definition in the Medicines that decision can bear. In answering that question, the Medicines Act where necessary and possible, be construed in accordance with the Medicines Directive (Directive compliant interpretation). The assertion of the State, the e-cigarette pharmacological properties that the physiological functions of human influence and therefore alone as drug should be considered preliminary judgment can not be followed. The e-cigarette is indeed not intended to induce such effects. By the words "intended to be administered or used for" in the statutory definition stimulants like alcohol and tobacco from the application of the law are excluded. The same applies to the judgment of the court for the e-cigarette. This does not mean that nicotine-containing products are not medicines can be. Thus, the Nicorette inhaler (already) on the basis of the presentation criterion is qualified as a medicine.

In answering the question still remains whether a directive conforming interpretation of the statutory definition to the classification of the e-cigarette as a drug may result. The State has argued that it is not the State is to scientifically demonstrate that the e-cigarette the pharmacological effects of the product under the Medicines Directive and the Medicines for products. This view considers the judge untenable. It is the minister who has decided to e-cigarette as medicinal brands. It is to the Minister for which adequate justification. In this case rests under Article 150 of the Code of Civil Procedure in principle to the State the burden of proof in law of the propositions which he wishes to see. On this basis, the court considers that the decision of the Minister to the e-cigarette (final) as medicinal brands, in violation of the law and the general principles of good governance, particularly the justification principle and the principle of legal certainty. This is the land to the (amended) enforcement of the Minister come to slip. The advanced command to import the e-cigarette from outside the European Union and the marketing thereof in the Netherlands to allow, will be designated.

 

[Ludo]

Janty is a member of the esigbond Google Translate

and vd-eh.de Google Translate

The members of the esigbond started this procedure against the Dutch government's previous decision. It proves that companies have to stick together in their respective organisations and act, because only actions give results. Within the esigbond we will soon publish a comprehensive list of self regulations for all members of the esigbond.

esigbond and vd-eh.de are in close contact and will most likely find common ground in adhering to the same self regulating rules for e-cig business in the whole of Europe.

Here's the English translation of the court order:
Google Translate