PHILIP Morris has launched a case at the European Court of Justice, which seeks to stop the European Commission from launching its own law-suit in New York, claiming damages from it and RJ Reynolds for allegedly promoting smuggling within the European Union and hence losing it customs revenue.

In its claim, the tobacco company has claimed that the Commission has "infringed" general EU principles and has committed a "misuse of powers." The company says that the Commission does not have the authority under EU law to bring an action ...

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