the European Commission, by L.Flynn and J.Tomkin, acting as Agents. v. Secretary of State for Health A snus manufacturer challenged on several bases the validity of a provision in Directive 2001/37/EC that directs member states to prohibit the marketing of any tobacco products designed for oral use, except those tobacco products designed to be smoked or . Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. having regard to the written procedure and further to the hearing on 25January 2018. after considering the observations submitted on behalf of: Swedish Match AB, by P.Tridimas, Barrister, and by M.Johansson, advokat. Informacin detallada del sitio web y la empresa: lowcountryday.com, +353195524116, +18438152271, +18438153271, +18438152273, +18438152272 Home - lowcountry day preschool, after school & summer camp Defendant Further, as stated in paragraph26 of the present judgment, such products would, if placed on the market, represent novel products for consumers. That is not a necessary approach, as indicated by the fact that Directive 2014/40 itself leaves to the Member States a degree of discretion in the adoption of their legislation in relation to other tobacco products. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free. Further, according to Swedish Match, the prohibition of tobacco products for oral use cannot be justified on public health grounds since the current scientific data, not available at the time of adoption of Council Directive 92/41/EEC of 15May 1992 amending Directive 89/622 (OJ 1992 L158, p.30), demonstrates that those products are at the lower end of the risk scale in terms of adverse health effects as compared with other smokeless tobacco products. In this instance, even if it were the case, as claimed by Swedish Match and the NNA, that Article1(c) and Article17 of Directive 2014/40 limit fundamental rights, such a limitation is provided for by law, respects the essence of those rights and is compatible with the principle of proportionality. The Court observed in paragraph37 of its judgment of 14December 2004, Swedish Match (C210/03, EU:C:2004:802), that there were differences, at the time of adoption of Directive 92/41, between the laws, regulations and administrative provisions of the Member States intended to stop the expansion in consumption of products harmful to health which were novel to the markets of the Member States and were thought to be especially attractive to young people. Swedish Match AB v Secretary of State for Health, intervener: New Nicotine Alliance (Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench . In that regard, as concerns respecting the essence of fundamental rights, it is clear that the prohibition on placing on the market tobacco products for oral use laid down in Article1(c) and Article17 of Directive 2014/40 is intended not to restrict the right to health but, on the contrary, to give expression to that right and, consequently, to ensure a high level of protection of health with respect to all consumers, by not entirely depriving people who want to stop smoking of a choice of products which would help them to achieve that goal. Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court). Moreover, as regards more particularly the claim by Swedish Match that the permission given to the marketing of other tobacco and related products demonstrates that the prohibition on the placing on the market of tobacco products for oral use is disproportionate, it must be recalled that an EU measure is appropriate for ensuring attainment of the objective pursued only if it genuinely reflects a concern to attain it in a consistent and systematic manner (see, to that effect, judgment of 5July 2017, Fries, C190/16, EU:C:2017:513, paragraph48). (1974) ab Ar. Ttrai, acting as Agents. European Union Agency for Fundamental Rights, 2007-2023, Swedish Match AB v Secretary of State for Health, Justice, victims rights and judicial cooperation, Irregular migration, return and immigration detention, Data protection, privacy and new technologies, Support for human rights systems and defenders. A violation of the right to carry on trade, business, or profession of a persons choice. the Council of the European Union, by M.Simm, E.Karlsson and A.Norberg, acting as Agents. Court reports general 'Information on unpublished decisions' section, 22November 2018( On those grounds, the Court (First Chamber) hereby rules: Consideration of the question referred has disclosed nothing capable of affecting the validity of Article1(c) and Article17 of Directive 2014/40/EU of the European Parliament and of the Council of 3April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC. ! Case C-210/03 -The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health Page contents Details Description Files Details Publication date 18 December 2004 Author Directorate-General for Health and Food Safety Description Judgment of the Court Files Consequently, having thus taken into account all the scientific studies referred to in the impact assessment, the Commission considered that the precautionary principle justified maintaining the prohibition on placing tobacco products for oral use on the market. Translate texts with the world's best machine translation technology . We help promote and protect these rights. Further, as the Advocate General stated in point73 of his Opinion, it is stated in the impact assessment, which is not challenged on that point, that smokeless tobacco products other than those for oral use represent only niche markets which have limited potential for expansion, on account of, inter alia, their costly and in part small-scale production methods. 1/2. The Queen on the Application of Swedish Match AB, et al. Reference for a preliminary ruling Approximation of laws Manufacture, presentation and sale of tobacco products Directive 2014/40/EU Article 1(c) and Article 17 Prohibition on the placing on the market of tobacco products for oral use Validity. In that context, it remains likely that Member States may be led to adopt various laws, regulations and administrative provisions designed to bring to an end the expansion in the consumption of tobacco products for oral use. Case C-151/17 Swedish Match AB v Secretary of State for Health Page contents Details Description Files Details Publication date 22 November 2018 Author Directorate-General for Health and Food Safety Description Judgment of the Court Files Case C-151/17 Swedish Match AB v Secretary of State for Health English (219.72 KB - HTML) Download The prohibition on placing tobacco products for oral use on the market also constitutes, according to Swedish Match, an unjustified restriction on the free movement of goods, since it is contrary to the principles of non-discrimination and proportionality and in breach of the obligation to state reasons. Jobs People Learning Dismiss Dismiss. Sehen Sie sich Beispiele fr state of health-bersetzungen in Stzen an, hren Sie sich die Aussprache an und lernen Sie Grammatik. In that regard, it follows from paragraph34 of the present judgment that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment on the ground that the treatment of tobacco products for oral use differs from the treatment of other tobacco and related products. Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. Open menu. Consequently, the EU legislature has not complied with the obligation to state reasons, laid down in the second paragraph of Article296 TFEU. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. Crowley remained in his tent, and on the same evening wrote a letter printed in The Pioneer on September 11, 1905, from which the following is an extract: "As it was I could do nothing more than send out Reymond on the forlorn hope. They were at once the lay face of the church, the spiritual heart of civic government, and the social kin who claimed the allegiance of peers and the obedience of subordinates. Article 7 - Respect for private and family life. . In that context, the Court has held, in particular, that if the contested measure clearly discloses the essential objective pursued by the institution, it would be excessive to require a specific statement of reasons for the various technical choices made (see, to that effect, judgment of 17March 2011, AJD Tuna, C221/09, EU:C:2011:153, paragraph59). This request for a preliminary ruling concerns the validity of Article1(c) and Article17 of Directive 2014/40/EU of the European Parliament and of the Council of 3April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L127, p.1). Oct 20 (Reuters) - Marlboro maker Philip Morris International Inc (PM.N) on Thursday raised its buyout bid for Swedish Match AB (SWMA.ST) in a last-ditch effort to get backing for its $16 billion . eurlex-diff-2018-06-20 The consumption of such a product generally involves placing the product between the gum and upper lip and keeping it in place (see, to that effect, judgment of 14December 2004, Arnold Andr, C434/02, EU:C:2004:800, paragraph19). Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. eurlex-diff-2018-06-20 Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes. The objective of this Directive is to approximate the laws, regulations and administrative provisions of the Member States concerning: the prohibition on the placing on the market of tobacco for oral use; For the purpose of this Directive, the following definitions shall apply: smokeless tobacco product means a tobacco product not involving a combustion process, including chewing tobacco, nasal tobacco and tobacco for oral use; tobacco for oral use means all tobacco products for oral use, except those intended to be inhaled or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets. In a certain land subject to us, all kinds of pepper is gathered, and is exchanged for corn and bread, leather and cloth. 11). Shop at AmazonSmile and This is a list of experimental features that you can enable. Dismiss. (See FCTC Art. Don't forget to give your feedback! 2 European Communities Certain Measures Prohibiting the Importation and Marketing of Seal Products, DS369, DS400, DS401. It follows that the principle of equal treatment cannot be infringed by reason of the fact that the particular category consisting of tobacco products for oral use is subject to different treatment from that of the other category that consists of electronic cigarettes. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of equal treatment. Main proceedings Judgment of the Court (First Chamber) of 22 November 2018 Swedish Match AB v Secretary of State for Health Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) Education Sec. Accordingly, since tobacco products for oral use had been the subject of a number of scientific studies, they could not, when Directive 2014/40 was adopted, be considered to be novel to the same extent as the novel tobacco products that are referred to in Article2(14) of that directive. In those circumstances, the High Court of Justice of England and Wales, Queens Bench Division (Administrative Court) (United Kingdom), decided to stay the proceedings and to refer the following question to the Court for a preliminary ruling: Are [Article1(c) and Article17] of Directive [2014/40] invalid by reason of: breach of the EU general principle of non-discrimination; breach of the EU general principle of proportionality; breach of Article5(3) TEU and the EU principle of subsidiarity; breach of [the second paragraph of Article296 TFEU]; breach of Articles1, 7 and35 of [the Charter]?. Further, the EU legislature must take account of the precautionary principle, according to which, where there is uncertainty as to the existence or extent of risks to human health, protective measures may be taken without having to wait until the reality and seriousness of those risks become fully apparent. Judgment of the Court (Grand Chamber) of 14 December 2004. Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. In the judgme nts in Swedish Match ( 6) and Arnold Andr , ( 7) the Court has already examined the validity of Article 8 of Directive 2001/37 and found that . the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. Education Sec. The referring court seeks to ascertain whether Directive 2014/40 is in breach of the principle of equal treatment in that it prohibits the placing on the market of tobacco products for oral use while permitting the marketing of other smokeless tobacco products, cigarettes, electronic cigarettes and novel tobacco products. Il ricorso del Secretary of State for Health verteva invece sulla pertinenza dell'art. 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- Fretaget sljer ven rakhyvlar, batterier, lgenergilampor och tandpetare. 2023 Campaign for Tobacco-Free Kids|Trademarks|Copyright|Privacy. R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Judgment date. The prohibition of the sale of tobacco for oral use should be maintained in order to prevent the introduction in the Union (apart from Sweden) of a product that is addictive and has adverse health effects. unfairly discriminate against SF businesses because the law should apply to all locations equally. Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold It follows that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of subsidiarity. According to settled case-law, the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (judgment of 7March 2017, RPO, C390/15, EU:C:2017:174, paragraph41). . This is a list of experimental features that you can enable. The court might consider procedural matters without touching the merits of the case. . Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. In this case, even if there is considerable potential for growth in the market for tobacco products for oral use, the economic consequences deriving from the prohibition on the placing on the market of such products remain, in any event, uncertain, since, at the time when Directive 2014/40 was adopted, those products were not present on the market of the Member States subject to Article17 of Directive 2014/40. As a party granted leave to intervene in the main proceedings, the New Nicotine Alliance (NNA), a registered charity whose objective is to promote public health by means of tobacco harm reduction, claims before the referring court that the prohibition on the placing of tobacco products for oral use on the market is contrary to the principle of proportionality and is in breach of Articles1, 7 and35 of the Charter of Fundamental Rights of the European Union (the Charter). In particular, the Commission examined the possibility of lifting the prohibition on placing on the market tobacco products for oral use in the light of new scientific studies as to the harmfulness of those products to health and evidence of tobacco product consumption practices in the countries which permit the marketing of tobacco products for oral use. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. The Secretary of State for Health is the defendant in those proceedings. Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. Dismiss. As regards the claim that Article24(3) of Directive 2014/40 demonstrates that the objectives of that directive could be adequately achieved by the Member States, it must be observed that that provision grants to each Member State the option of prohibiting a certain category of tobacco or related products on grounds relating to the specific situation of that Member State, provided that those provisions are justified by the need to protect public health, while the Commission retains the power to approve or reject those provisions of national law, after having verified, taking into account the high level of protection of human health achieved by that directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. Swedish Match is a public limited liability company established in Sweden which primarily markets smokeless tobacco products and, in particular, snus. Pinnacle Meat Processors Co v United Kingdom (1999) 27 EHRR CD217, ECtHR In that regard, it must be recalled that the issue of breach of the principle of equal treatment by reason of a prohibition on placing on the market tobacco products for oral use, imposed by Directive 2001/37, has previously been the subject of the judgments of 14December 2004, Swedish Match (C210/03, EU:C:2004:802), and of 14December 2004, Arnold Andr (C434/02, EU:C:2004:800). For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . 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