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]?. 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 Use quotation marks to search for an "exact phrase". Subsequent regulations exceed the scope of the originating law. Dismiss . . Sample translated sentence: The Secretary of State for Health was a frustrated man. 87) In that regard, Article 52(1) of the Charter provides that any limitation on the exercise of the rights and freedoms recognised by the Charter must be provided for by law and must respect the essence of those rights and freedoms. . 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. Swedish Match AB v Secretary of State for Health. Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes. Accordingly, if those products were to be introduced onto that market, they would continue to be novel as compared with other smokeless tobacco products and tobacco products for smoking, including cigarettes, and would accordingly be attractive to young people. Where it proves to be impossible to determine with certainty the existence or extent of the alleged risk because the results of studies conducted are inconclusive, but the likelihood of real harm to public health persists should the risk materialise, the precautionary principle justifies the adoption of restrictive measures (judgment of 9June 2016, Pesce and Others, C78/16 andC79/16, EU:C:2016:428, paragraph47 and the case-law cited). The Snus and Moist Snuff segment produces and markets smokeless cigarettes. Article19(1) of Directive 2014/40, headed Notification of novel tobacco products reads as follows: Member States shall require manufacturers and importers of novel tobacco products to submit a notification to the competent authorities of Member States of any such product they intend to place on the national market concerned. Article 7 - Respect for private and family life. breach of the EU general principle of proportionality; iii. A discussion on whether current scientific evidence is sufficient to justify the regulatory measures. Liverpool, sitting seventh in the table, look for the Anfield crowd to spark a turnaround as they host Wolves in a midweek Premier League match. . GREG NASH/POOL/AFP via Getty Images The Supreme Court concluded oral arguments on Biden's student-debt relief on Tuesday. In those judgments, the Court held that the particular situation of the tobacco products for oral use referred to in Article2 of Directive 2001/37 permitted a difference in their treatment, and it could not validly be argued that there was a breach of the principle of non-discrimination. 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. 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. INTERNATIONAL A violation of property rights, sometimes in the form of an expropriation or a taking by the government. 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 Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. 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. 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 . When expanded it provides a list of search options that will switch the search inputs to match the current selection. eurlex-diff-2018-06-20 Swedish Match AB v Secretary of State for Health, intervening party: New Nicotine Alliance, THE COURT (First Chamber), composed of R. Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C. Bonichot, E. Regan, C.G. Judgment of the Court (Grand Chamber) of 14 December 2004. former US president Donald Trump's secretary of state. Open menu. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. Registrar: M.Ferreira, Principal Administrator. For other smokeless tobacco products that are not produced for the mass market, strict provisions on labelling and certain provisions relating to their ingredients are considered sufficient to contain their expansion in the market beyond their traditional use. 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. 91) In those circumstances, it must be held that Article 1(c) and Article 17 of Directive 2014/40 are not invalid having regard to Articles 1, 7 and 35 of the Charter. ( The Court held that those products, although they are not fundamentally different in their composition or indeed their intended use from tobacco products intended to be chewed, were not in the same situation as the latter products by reason of the fact that the tobacco products for oral use which were the subject of the prohibition laid down in Article8a of Directive 89/622 and repeated in Article8 of Directive 2001/37 were new to the markets of the Member States subject to that measure (judgments of 14December 2004, Swedish Match, C210/03, EU:C:2004:802, paragraph71, and of 14December 2004, Arnold Andr, C434/02, EU:C:2004:800, paragraph69). 1/2. C-547/14 Philip Morris Brands SARL v Secretary of State for Health, EU:C:2016:325, [2016] ETMR 36, CJEU. We help promote and protect these rights. Miguel Cardona said Biden's team made a "powerful defense" of the relief. 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 that regard, it must be recalled that, in accordance with settled case-law, the statement of reasons required by the second paragraph of Article296 TFEU must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the court with jurisdiction to exercise its power of review. the Hungarian Government, by M.Z. Miguel Cardona. The Supreme Court will make a decision on the legality of Biden's plan by June. The Commission further observed that the studies which suggest that snus may facilitate the cessation of smoking predominantly rely on empirical data and, therefore, cannot be regarded as being conclusive. 86) It is apparent from the order for reference that Swedish Match and the NNA claim that Article 1(c) and Article 17 of Directive 2014/40 are in breach of Articles 1, 7 and 35 of the Charter, since the effect of the prohibition on the placing on the market of tobacco products for oral use is that individuals who want to stop smoking cannot use products that would improve their health. Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Judgment date. Judgment of the Court (Grand Chamber) of 14 December 2004.#The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health.#Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom.#Directive 2001/37/EC - Manufacture, presentation and sale of tobacco products - Article 8 - Prohibition of placing on the market of tobacco products for oral use - Validity - Interpretation of Articles 28 EC to 30 EC - Compatibility of national legislation laying down the same prohibition.#Case C-210/03. With respect to the objective of facilitating the smooth functioning of the internal market of tobacco and related products, it must be stated that the prohibition on the placing on the market of tobacco products for oral use laid down by those provisions is also appropriate to facilitating the smooth functioning of the internal market of tobacco and related products. Council Directive 89/622/EEC [of 13November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products (OJ 1989 L359, p.1)] prohibited the sale in the Member States of certain types of tobacco for oral use. Nor can the prohibition be justified by the novelty of snus, since novel tobacco products are not prohibited by Directive 2014/40, under Article2(14) thereof, notwithstanding that there is no scientific track record and that those products may have potential adverse health effects. Swedish Match AB v Secretary of State for Health Policy area Employment and social policy Deciding body type Court of Justice of the European Union Deciding body Advocate General Type Opinion Decision date 12/04/2018 ECLI (European case law identifier) ECLI:EU:C:2018:241 EU Charter of Fundamental Rights EU Charter of Fundamental Rights On 30June 2016 Swedish Match brought an action before the courts of the United Kingdom in order to challenge the legality of Regulation 17 of the Tobacco and Related Products Regulations 2016, which transposed into United Kingdom law Article1(c) and Article17 of Directive 2014/40, and which provides that no person may produce or supply tobacco for oral use. Swedish Match I: Case C-210/03, R (Swedish Match AB) v Secretary of State for Health ( "Swedish Match I") EU:C:2004:802 was a challenge to Directive 2001/37/EC, which prohibited the sale of oral tobacco in UK, couldn't buy or sell unless it's Sweden. 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). The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the second paragraph of Article296 TFEU. By the question referred for a preliminary ruling, the referring court raises the issue of the validity of Article1(c) and Article17 of Directive 2014/40, having regard to the principles of equal treatment, proportionality and subsidiarity, the obligation to state reasons laid down in the second paragraph of Article296 TFEU, Articles34 and35 TFEU and Articles1, 7 and35 of the Charter. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons for a measure meets the requirements of the second paragraph of Article296 TFEU must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (judgment of 17March 2011, AJD Tuna, C221/09, EU:C:2011:153, paragraph58). ob. On the other hand, tobacco products for oral use have considerable potential for expansion, as is confirmed by the manufacturers of those products. 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) Again, the fact that tobacco products for oral use are produced for the mass market cannot justify the discrimination to which they are subject, since other products falling within the scope of that directive, in particular other smokeless tobacco products, electronic cigarettes and novel tobacco products, are also produced for the mass market. 3 MADISON Gov. 18) 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 Articles 1, 7 and 35 of the Charter of Fundamental Rights of the European Union (the Charter). Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. In this case, recital 32 of Directive 2014/40 and the impact assessment contain information that shows clearly and unequivocally the reasoning of the Commission that gave rise to the prohibition on the placing on the market of tobacco products for oral use. When expanded it provides a list of search options that will switch the search inputs to match the current selection. These cases frequently involve the industry proceeding against the government. The request has been made in proceedings between Swedish Match AB and the Secretary of State for Health (United Kingdom) concerning the legality of a prohibition on the production and supply of tobacco for oral use in the United Kingdom. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold 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. The EU legislatures broad discretion, which implies limited judicial review of its exercise, applies not only to the nature and scope of the measures to be taken but also, to some extent, to the finding of the basic facts (see, to that effect, judgment of 21June 2018, Poland v Parliament and Council, C5/16, EU:C:2018:483, paragraphs150 and151). Consequently, the prohibition on the placing of tobacco products for oral use on the market does not manifestly exceed what is necessary in order to attain the objective of ensuring a high level of protection of public health. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. 2 European Communities Certain Measures Prohibiting the Importation and Marketing of Seal Products, DS369, DS400, DS401. Further, in accordance with settled case-law, the objective of protection of health takes precedence over economic considerations (judgment of 19April 2012, Artegodan v Commission, C221/10P, EU:C:2012:216, paragraph99 and the case-law cited), the importance of that objective being such as to justify even substantial negative economic consequences (see, to that effect, judgment of 23October 2012, Nelson and Others, C581/10 andC629/10, EU:C:2012:657, paragraph81 and the case-law cited). Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. Minister zdrowia by czowiekiem sfrustrowanym. Neutral citation number [2017] UKSC 41. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. C-210/03 - Swedish Match. Swedish Match AB (publ), SE-118 85 Stockholm Visiting address: Rosenlundsgatan 36, Telephone: + 46 8 658 02 00 Corporate Identity Number: 556015-0756 www.swedishmatch.com ____________ For further information, please contact: Bo Aulin, Senior Vice President, Secretary and General Counsel Office +46 8 658 03 64, Mobile +46 70 558 03 64 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. the Finnish Government, by H.Leppo, acting as Agent. In that regard, Article52(1) of the Charter provides that any limitation on the exercise of the rights and freedoms recognised by the Charter must be provided for by law and must respect the essence of those rights and freedoms. is placed on the market after 19May 2014; Article17 of that directive, headed Tobacco for oral use, states: Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article151 of the Act of Accession of Austria, Finland and Sweden.. Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Amazon will make a donation to the Campaign for Tobacco-Free Kids. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. Article151 of the Act of Accession of Austria, Finland and Sweden [the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C241, p.21, and OJ 1995 L1, p.1] grants Sweden a derogation from the prohibition. 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. 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