Further, according to Swedish Match, such an approach was not necessary, as demonstrated by the fact that Article24(3) of that directive grants to each Member State the option of prohibiting, on grounds relating to its specific situation, this or that category of tobacco or related products. Match words . These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. This right may also be called the right to free enterprise or economic freedom. 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. 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. 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. Swedish Match, one of the biggest manufacturers of tobacco for oral use, raised the invalidity under EU law of the prohibition of snus in a challenge before a British court of the national transposition measure. breach of Articles 1, 7 and 35 of [the Charter]?. Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). 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The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this 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. 20) By the question referred for a preliminary ruling, the referring court raises the issue of the validity of Article 1(c) and Article 17 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 Article 296 TFEU, Articles 34 and 35 TFEU and Articles 1, 7 and 35 of the Charter. composed of R.Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C.Bonichot, E.Regan, C.G. Publisher's summary: Confraternities were the most common form of organized religious life in medieval and early modern Europe. 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. The industry may claim that regulations discriminate against tobacco companies or tobacco products. 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. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit. Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity. "He was ill-judged enough," wrote the secretary of the Royal Astronomical Society, "to press the consideration of this new machine upon the members of Government, who . These cases frequently involve the industry proceeding against the government. Subsequent regulations exceed the scope of the originating law. This document is an excerpt from the EUR-Lex website. 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). Those provisions, as stated in paragraph63 of the present judgment, are also not in breach of the principle of proportionality. Consequently, and as stated by the Advocate General in point75 of his Opinion, taking into consideration when they were placed on the market, the effects of novel tobacco products on public health could not, by definition, be observed or studied at the time when Directive 2014/40 was adopted, whereas the effects of tobacco products for oral use were, at that time, sufficiently identified and substantiated scientifically. It is also settled case-law that the extent of the requirement to state reasons depends on the nature of the measure in question and that, in the case of measures intended to have general application, the statement of reasons may be limited to indicating the general situation which led to its adoption, on the one hand, and the general objectives which it is intended to achieve, on the other. Defendant C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health EU:C:2016:324, [2016] 4 WLR 110, CJEU. 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 . It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. 49 CE per il caso della sig.ra Watts. 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . List of documents. As regards the appropriateness of the prohibition on the placing on the market of tobacco products for oral use to attaining the objective of ensuring a high level of protection of public health, it must be recalled that that appropriateness cannot be assessed solely in relation to a single category of consumers (see, to that effect, judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph176). Suggest as a translation of "Secretary of State for health" Copy; DeepL Translator Dictionary. It is stated in the order for reference that Swedish Match challenges the validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity, because of the fact that the general and absolute prohibition on the placing on the market of tobacco products for oral use deprives Member States of any discretion in their legislation and imposes a uniform body of rules, with no consideration of the individual circumstances of the Member States, with the exception of the Kingdom of Sweden. This caused issues to Sweden's trade Legal context 3 Recital 32 of Directive 2014/40 states: *1 In those circumstances, Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment. Tony Evers today announced his appointment of Kirsten Johnson to serve as secretary of the Wisconsin Department of Health Services . Informacin detallada del sitio web y la empresa: ydelecnormandie.com, +33974562807 Installation et rnovation de rseau lectrique Pont-Audemerr, Lisieux, Le Havre-lectricit btiment,Installation lectrique | SARL YD ELEC NORMANDIE A discussion on whether current scientific evidence is sufficient to justify the regulatory measures. Jobs People Learning Dismiss Dismiss. Moreover, tobacco products for oral use are particularly dangerous for minors because of the fact that their consumption is hardly noticeable. ( The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. Judgement for the case Swedish Match AB and Swedish Match UK Ltd) v Secretary of State for Health Another directive made under art.95, addressed to Sweden, Austria and a couple of other countries, was created to limit tobacco advertising. It follows that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of subsidiarity. Swedish Match AB, ursprungligen Svenska Tobaks AB (STA) och Svenska Tndsticks AB (STAB), r ett svenskt industrifretag med inriktning mot tobaksprodukter (snus, cigarrer, nikotinportioner och tuggtobak), tndstickor och tndare. (See FCTC Art. A violation of the right to equal protection under the law, or another form of discrimination. the Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. 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 The court might consider procedural matters without touching the merits of the case. . 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. It is apparent from the order for reference that Swedish Match claims that Article1(c) and Article17 of Directive 2014/40 are contrary to Articles34 and35 TFEU on the ground that those provisions are in breach of the principles of equal treatment and proportionality and of the obligation to state reasons. Case C-151/17, Swedish Match AB v Secretary of State for Health, ECLI:EU: C:2018:938 The prohibition on the placing on the market of tobacco for oral use is not in breach of the EU general principles of non-discrimination, proportionality and subsidiarity, of Articles 296, 34 and 35 TFEU and of Articles 1, 7 and 35 of the Charter. 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.. Miguel Cardona. 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 Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court). Moreover, leaving aside the fact that the Court has not yet had occasion to give a ruling on the validity of Article1(c) and Article17 of Directive 2014/40, Swedish Match argues that the judgment of 14December 2004, Swedish Match (C210/03, EU:C:2004:802), is not applicable to the main proceedings, since recent scientific evidence on the allegedly harmful effects of tobacco products for oral use contradicts what is said in that judgment, the rules introduced by Directive 2014/40 are significantly different from those established by Directive 2001/37 and, last, there have been extensive changes in the market for tobacco products since that judgment. Education Sec. The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. The entity that produces matches in Sweden, Swedish Match Industries AB, is since 2009 certified according to the Forest Stewardship Council chain of custody standard and the standard for controlled wood. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. Furthermore, Article5 of Protocol (No2) on the application of the principles of subsidiarity and proportionality, annexed to the EU Treaty and to the FEU Treaty, lays down guidelines for the purpose of determining whether those conditions are met (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph215). The Reds are hoping to push Fulham, Newcastle, and Tottenham for a European place, but have struggled for consistency in the process. . Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. Such national provisions shall be notified to the Commission together with the grounds for introducing them. 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. 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. former US president Donald Trump's secretary of state. In his defence, the Secretary of State for Health considers that a reference to the Court for a preliminary ruling on the validity of Article1(c) and Article17 of Directive 2014/40 is appropriate, and states, in particular, that the Court alone has the power to declare that a directive or a part of it is invalid. MADISON Gov. C-210/03 - Swedish Match. 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. In England and Wales the Secretary of State for Health is responsible for the provision of a comprehensive national health service. 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). Find out more about the Agency and its work here. the European Commission, by L.Flynn and J.Tomkin, acting as Agents. Dismiss . INTRODUCTION 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. Search result: 2 case (s) 2 documents analysed. 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. Il Ministro della sanit convenuto nell'ambito di tale procedimento. (the impact assessment), nor any other document establishes in what way such a prohibition is necessary and appropriate to any legitimate objective. That being the case, since that information ensures that the reasons for the prohibition on the placing on the market of tobacco products for oral use can be ascertained and that the court with jurisdiction can exercise its power of review, Directive 2014/40 satisfies the obligation to state reasons laid down in the second paragraph of Article296 TFEU. On those grounds, the Court (First Chamber) hereby rules: Consideration of the question referred has disclosed nothing capable of affecting the validity of Article 1(c) and Article 17 of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 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. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and Other Operations. Use quotation marks to search for an "exact phrase". In that regard, as stated in paragraph40 of the present judgment, Directive 2014/40 pursues a twofold objective, in that it seeks to facilitate the smooth functioning of the internal market for tobacco and related products, while ensuring a high level of protection of human health, especially for young people (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph220). berprfen Sie die bersetzungen von 'state of health' in Englisch. What is the EU Charter of Fundamental Rights? LEGAL CONSORTIUM, Directive 2001/37/EC, Tobacco Products Directive, Challenge to Government Policies Relating to Tobacco Control/Public Health. 3 eurlex-diff-2018-06-20 Il ricorso del Secretary of State for Health verteva invece sulla pertinenza dell'art. Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . In that context, it is clear that the EU legislature was entitled, on the basis of scientific studies, in the exercise of the broad discretion available to it in that regard and in conformity with the precautionary principle, to conclude, in accordance with the case-law cited in paragraphs36 and38 of the present judgment, that the effectiveness of tobacco products for oral use as an aid to the cessation of smoking if the prohibition on placing on the market such products were to be lifted was uncertain, and that there were public health risks, such as the risk of a gateway effect, due, in particular, to those products being 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 . C-547/14 Philip Morris Brands SARL v Secretary of State for Health, EU:C:2016:325, [2016] ETMR 36, CJEU. Swedish Match challenged the ban of snus (tobacco for oral use) in the EU and failed before Now it sought to challenge the prohibition again in light of scientific developments One ground of challenge was whether then Article 95 EC (now Article 114 TFEU) is the appropriate legal basis for the directive Outcome 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. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. Conversely, less restrictive measures, such as those laid down for other tobacco products in Directive 2014/40, in particular the strengthening of health warnings and the prohibition on flavoured tobacco, do not appear to be equally appropriate to achieving the objective pursued. Participant. 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. 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]?. Unlike public interest litigation, these cases seek to weaken health measures. 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). 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). Following the delivery of those judgments, the EU legislature has not adopted any measure that permits tobacco products for oral use to be placed on the market in Member States subject to Article17 of Directive 2014/40. eurlex-diff-2018-06-20 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. On that point, the precautionary principle cannot be relied on, since that prohibition is not consistent with permitting the placing on the market of other tobacco products, the toxicity of which, however, according to the current scientific evidence, is higher. It follows from all the foregoing that consideration of the question referred has disclosed nothing capable of affecting the validity of Article1(c) and Article17 of Directive 2014/40. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 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. This is a list of experimental features that you can enable. Do you want to help improving EUR-Lex ? The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles1, 7 and35 of the Charter. 19) 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 [Article 1(c) and Article 17] of Directive [2014/40] invalid by reason of: i. breach of the EU general principle of non-discrimination; ii. 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). Swedish Match AB v Secretary of State for Health. It follows from the foregoing that those provisions do not involve restrictions that are disproportionate to the twofold objective pursued by Directive 2014/40, namely to facilitate the smooth functioning of the internal market in tobacco and related products and to ensure a high level of protection of public health. Don't forget to give your feedback! First, it must be recalled that, according to the Courts settled case-law, the principle of proportionality requires that acts of the EU institutions should be appropriate for attaining the legitimate objectives pursued by the legislation at issue and should not go beyond what is necessary in order to achieve those objectives (judgment of 7February 2018, American Express, C304/16, EU:C:2018:66, paragraph85). 11). Open menu. Sample translated sentence: The Secretary of State for Health was a frustrated man. Dismiss. In that action, Swedish Match challenges the validity, having regard to the principle of non-discrimination, of Article1(c) and Article17 of Directive 2014/40, by reason of the difference in treatment which those provisions establish between, on the one hand, tobacco products for oral use, whose placing on the market is prohibited, and, on the other hand, other smokeless tobacco products, novel tobacco products, cigarettes and other tobacco products for smoking, and electronic cigarettes, whose consumption is not prohibited. [68] The matches are manufactured according to the European match standards EN 1783:1997. 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. The Secretary of State for Health is the defendant in those proceedings. 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). 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. 1/2. This document is an excerpt from the EUR-Lex website. Look through examples of Secretary of State for Health translation in sentences, listen to pronunciation and learn grammar. 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. Consequently, such particular circumstances mean that it is permissible for the treatment of tobacco products for oral use to differ from both that of other smokeless tobacco products and that of cigarettes, and no breach of the principle of equal treatment can validly be claimed. 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. 4 . ob. Measures to regulate the marketing on tobacco packages. 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