This report analyzes the tobacco carve-out clause (as well as the negotiations that led to its adoption) included in the final text of the Trans-Pacific Partnership Agreement, which permits the TPP Parties to deny investors that challenge their tobacco control measures access to the investor-state dispute settlement mechanism. The report also discusses the potential advantages and disadvantages of such a solution.

Judgment of the Court (Third Chamber) delivered on 10 September 2015 in Case C-106/14, Fédération des entreprises du commerce et de la distribution (FCD) and Fédération des magasins de bricolage et de l’aménagement de la maison (FMB) v Ministre de l’écologie, du développement durable et de lʼénergie.

Case C-456/13 P, T&L Sugars Ltd and Sidul Açúcares v Commission, Judgment of the Court (Grand Chamber) of 28 April 2015, ECLI:EU:C:2015:284

Article 263 TFEU allows applicants to challenge regulatory acts which are of direct concern to them and do not entail implementing measures. In this judgment the Court confirmed that the degree of discretion afforded to implementing authorities is irrelevant when determining the existence of implementing measures. This note explores some of the consequences of that finding on the structure of the system of remedies under the Treaties.