THE EUROPEAN Commission is considering its legal options, after the dismissal of its case brought in New York against Philip Morris and RJ Reynolds, alleging that they had helped promote tobacco smuggling within the EU.

U.S. District Judge Nicholas G. Garaufis refused to hear the case, because he claimed that that it was Member States, who fund the EU, rather than the Commission, that were directly harmed by the resulting evasion of duty.

As a result, he said that the Commission could not launch a case. He also refused leave to ...

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