The European Commission requested Austria, Poland and Italy to change legislation setting minimum retail prices for cigarettes, arguing that the minimum prices distort competition within the European Union.
The EU executive acknowledges that prices and tax measures are 'efficient levers for reducing tobacco consumption', but added that such measures must not limit the freedom of producers and importers to determine their retail prices.
The commission recommends higher excise duties and minimum taxes as anti-smoking measures, explaining that these have the same effects on prices as setting minimum prices, but do not reduce price-based competition.
The request comes in the form of a 'reasoned opinion', the second stage of EU infringement proceedings before possible referral to the European Court of Justice.