EU slams Ferrari over Marlboro partnership

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xpensive
xpensive
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Joined: 22 Nov 2008, 18:06
Location: Somewhere in Scandinavia

Re: EU slams Ferrari over Marlboro partnership

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Did anyone of you lot know that the EU is currently subsidizing European tobacco farmers with one GEUR per annum?
The --- is too toxic to smoke in Europe, why we have to spend yet another GEUR in xport subsidises to Africa.

How do you spell hypokrizy anyway?
"I spent most of my money on wine and women...I wasted the rest"

autogyro
autogyro
53
Joined: 04 Oct 2009, 15:03

Re: EU slams Ferrari over Marlboro partnership

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Correct
The law is the law and governments make it.
Taxes are taken in principle at least for the benefit of all the people.
Sponsorship is taken to benefit only the receiver.
There is no other definition that can be made for money given by a cigarette company to an F1 team, other than sponsorship and this is defined in European law as illegal period.
I am glad you mentioned taxes. This money should go to the European Union as a fine for breaking European law.
Ferrari and for that matter Ducati arrogantly spit in the face of the European Union and all the people living within it, by stating in public their names Malboro Ferrari and Malboro Ducati.
Malboro is ONLY the name of a cigarette company.
Any money from this is from killing people from man induced cancer.
It is without doubt 'blood money' and those who benefit from it have other peoples blood on their hands.

autogyro
autogyro
53
Joined: 04 Oct 2009, 15:03

Re: EU slams Ferrari over Marlboro partnership

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xpensive wrote:Did anyone of you lot know that the EU is currently subsidizing European tobacco farmers with one GEUR per annum?
The --- is too toxic to smoke in Europe, why we have to spend yet another GEUR in xport subsidises to Africa.

How do you spell hypokrizy anyway?
You could try Ferrari, or Montezemolo thats a good start.
Any support of Europeans responsible for growing tobacco is wrong and needs to be dealt with.

manchild
manchild
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Joined: 03 Jun 2005, 10:54

Re: EU slams Ferrari over Marlboro partnership

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There a saying: "Europe is an old whore". So, hypocrisy is what it is made of.

EU has just allowed 120 billion euros loan to Greece, and among other conditions, one was to raise tax on tobacco.

Logic tells "Medical expenses for treating smokers will be much bigger than what is gained by any tax, let's ban tobacco for good...".

Instead drooping them off the board, EU unplugged the cork from the bottom that will sink the whole ship.

"Peace in our time". I guess there are many clones with Chamberlain's naiveness in EU government.
Last edited by manchild on 02 May 2010, 16:43, edited 1 time in total.

xpensive
xpensive
214
Joined: 22 Nov 2008, 18:06
Location: Somewhere in Scandinavia

Re: EU slams Ferrari over Marlboro partnership

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The whole problem is stemming from Francois Mitterands demand for a common currency in order to ok the reunification of Germany 20 years ago. Second problem was to accept any "country" as full-worthy Europeans, meanining nations south of the Alps thought those Euros from Brussels were for free.

At least Britain and Sweden had the common sense to stay out of this recipe for disaster, this is the end of the Euro currency I tell you.
"I spent most of my money on wine and women...I wasted the rest"

Avto
Avto
0
Joined: 20 Jan 2009, 17:41

Re: EU slams Ferrari over Marlboro partnership

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I still say we should draw a line between advertising and sponsorship. I had a look at Directive 2003/33/EC and as far as I can tell there is nothing stopping Ferrari from getting Marlboro sponsorship as long as they are not promoting tobacco, be it in direct or indirect manner. Now is the barcode on the engine cover indirect advertisement? If it took some EU "expert" three years to figure that it might be it will be extremely difficult for them to prove their findings.

manchild
manchild
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Joined: 03 Jun 2005, 10:54

Re: EU slams Ferrari over Marlboro partnership

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A line between advertising and sponsorship?!

Why would any company give $ 1 bil to another company if it has no benefit from it? Phillip Morris simply likes Ferrari on a corporate level, so their blinded love makes them throw money away?

Or better put it this way - if those bar codes have nothing to do with a sponsor Ferrari wouldn't put them on cars and overalls since so much advertising space costs a fortune and many other companies would pay for it.

For me this is unquestionable, and I hope that EU won't allow Ferrari to play their traditional loophole exploit game like FIA did.

Avto
Avto
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Joined: 20 Jan 2009, 17:41

Re: EU slams Ferrari over Marlboro partnership

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manchild wrote:A line between advertising and sponsorship?!

Why would any company give $ 1 bil to another company if it has no benefit from it? Phillip Morris simply likes Ferrari on a corporate level, so their blinded love makes them throw money away?

Or better put it this way - if those bar codes have nothing to do with a sponsor Ferrari wouldn't put them on cars and overalls since so much advertising space costs a fortune and many other companies would pay for it.

For me this is unquestionable, and I hope that EU won't allow Ferrari to play their traditional loophole exploit game like FIA did.
Well, sadly if I read the directive right at this point it's not up to EU to decide what they will do with Ferrari and Marlboro. Unless they can prove that the barcode is indeed an advertisement and not a part of Ferrari livery. The fact that Marlboro gives money to Ferrari is not in itself illegal, but as soon as Ferrari promote tobacco even in indirect fashion, then EU can take some action I guess.

vall
vall
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Joined: 04 Nov 2008, 21:31

Re: EU slams Ferrari over Marlboro partnership

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manchild wrote:A line between advertising and sponsorship?!

Why would any company give $ 1 bil to another company if it has no benefit from it? Phillip Morris simply likes Ferrari on a corporate level, so their blinded love makes them throw money away?

Or better put it this way - if those bar codes have nothing to do with a sponsor Ferrari wouldn't put them on cars and overalls since so much advertising space costs a fortune and many other companies would pay for it.

For me this is unquestionable, and I hope that EU won't allow Ferrari to play their traditional loophole exploit game like FIA did.
Directive 2003/33/EC wrote:(5) The laws, regulations and administrative provisions of the Member States relating to certain types of sponsorship for the benefit of tobacco products with cross-border effects give rise to an appreciable risk of distortion of the conditions of competition for this activity within the Internal Market. In order to eliminate these distortions, it is necessary to prohibit such sponsorship only for those activities or events with cross-border effects which otherwise may be a means of circumventing the restrictions placed on direct forms of advertising, without regulating sponsorship on a purely national level.

....

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

(a) "tobacco products" means all products intended to be smoked, sniffed, sucked or chewed inasmuch as they are made, even partly, of tobacco;

(b) "advertising" means any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product;

(c) "sponsorship" means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product;

....

Article 5

Sponsorship of events

1. Sponsorship of events or activities involving or taking place in several Member States or otherwise having cross-border effects shall be prohibited.

2. Any free distribution of tobacco products in the context of the sponsorship of the events referred to in paragraph 1 having the purpose or the direct or indirect effect of promoting such products shall be prohibited.

manchild
manchild
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Joined: 03 Jun 2005, 10:54

Re: EU slams Ferrari over Marlboro partnership

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Thanks vall. So it's at least under c. Even private sponsorship is illegal.

(c) "sponsorship" means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product;

Barcode or not, even if the car was pained blue with pink dots, if money comes from tobacco company, that is sponsorship, and as such illegal.

vall
vall
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Joined: 04 Nov 2008, 21:31

Re: EU slams Ferrari over Marlboro partnership

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vall wrote:
manchild wrote:
Directive 2003/33/EC wrote:(5) The laws, regulations and administrative provisions of the Member States relating to certain types of sponsorship for the benefit of tobacco products with cross-border effects give rise to an appreciable risk of distortion of the conditions of competition for this activity within the Internal Market. In order to eliminate these distortions, it is necessary to prohibit such sponsorship only for those activities or events with cross-border effects which otherwise may be a means of circumventing the restrictions placed on direct forms of advertising, without regulating sponsorship on a purely national level.

....

....

Article 5

Sponsorship of events

1. Sponsorship of events or activities involving or taking place in several Member States or otherwise having cross-border effects shall be prohibited.

2. Any free distribution of tobacco products in the context of the sponsorship of the events referred to in paragraph 1 having the purpose or the direct or indirect effect of promoting such products shall be prohibited.
Is the "activity" Ferreri "taking place" in several Member States? It seems to me that Italian law may be more applicable to this case.....Directive 2003/33/EC regulated things taking place in several EU states... Ferrari is an Italian company....

It is clearly a tricky matter from POV of the law.

Avto
Avto
0
Joined: 20 Jan 2009, 17:41

Re: EU slams Ferrari over Marlboro partnership

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manchild wrote:Thanks vall. So it's at least under c. Even private sponsorship is illegal.

(c) "sponsorship" means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product;

Barcode or not, even if the car was pained blue with pink dots, if money comes from tobacco company, that is sponsorship, and as such illegal.
You should read into "aim or direct or indirect effect of promoting a tobacco product;" as I see it this line is the key. To my understanding sponsorship is prohibited only if it leads to promoting a tobacco product. Now are Ferrari promoting Marlboro? Is the barcode really an advertisement? EU has to prove this allegations before further action can be taken.

manchild
manchild
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Joined: 03 Jun 2005, 10:54

Re: EU slams Ferrari over Marlboro partnership

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@vall

Activity Ferrari is taking place in almost all member states. They are the works team - a team of a company that has car dealerships all over EU. Being present in F1, being present in the media trough sporting activity (partially thanks to money acquired from tobacco company) enables them to use it for advertising of their brand in several member sates.

London Ferrari store interior - same barcode.
Image

Image Image




Get the point? If you hook up kids on logo, barcode and they learn that once there was Marlboro directly written, once they get in a position to try smoking, guess which pack will they go for? They are sending clear subliminal message to youngsters and adults - if it was on our car than it is good.

Reminded me on that satirical graffiti "All the best things in the world are red - Coca Cola, Ferrari, Marlboro, Communism..."


@avto

Private sponsorship is prohibited too (private as invisible, without public knowledge (no statements or logos but purely financially - in the background).
Last edited by manchild on 03 May 2010, 16:41, edited 2 times in total.

Avto
Avto
0
Joined: 20 Jan 2009, 17:41

Re: EU slams Ferrari over Marlboro partnership

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Sorry, manchild but I sincerely doubt that that is what private stands for. Look, try linking contribution to with the aim or direct or indirect effect of promoting a tobacco product; unless the aim and the effect of said contribution is promotion of a tobacco product, EU has nothing on them. Now EU will have to do their homework.

manchild
manchild
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Joined: 03 Jun 2005, 10:54

Re: EU slams Ferrari over Marlboro partnership

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(c) "sponsorship" means any form of public or private contribution to any event, activity or individual with the aim or direct or indirect effect of promoting a tobacco product;
Private as opposite to public, not as a personal affair of an individual.