Dismiss. 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. The industry may claim that regulations discriminate against tobacco companies or tobacco products. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. Miguel Cardona said Biden's team made a "powerful defense" of the relief. Use quotation marks to search for an "exact phrase". all exact any . Education Sec. 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 Since the present case concerns an area the improvement of the functioning of the internal market which is not among those in respect of which the European Union has exclusive competence, it must be determined whether the objective of Directive 2014/40 could be better achieved at EU level (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph219). Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. 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. *1 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. Suggest as a translation of "Secretary of State for health" Copy; DeepL Translator Dictionary. . 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]?. 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 interdependence of the two objectives pursued by that directive means that the EU legislature could legitimately take the view that it had to establish a set of rules for the placing on the EU market of tobacco products for oral use and that, because of that interdependence, that twofold objective could best be achieved at EU level (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph222). Given that, if the prohibition on placing on the market tobacco products for oral use were to be lifted, the positive effects would be uncertain with respect to the health of consumers seeking to use those products as an aid to the cessation of smoking and, moreover, there would be risks to the health of other consumers, particularly young people, requiring the adoption, in accordance with the precautionary principle, of restrictive measures, Article1(c) and Article17 of Directive 2014/40 cannot be regarded as being manifestly inappropriate to the objective of ensuring a high level of public health. In order to challenge the validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality, Swedish Match and the NNA refer, as is stated in the order for reference, to recent scientific studies which, from their perspective, demonstrated that tobacco products for oral use, including snus, are less harmful than other tobacco products, that they are less addictive than the latter and that they facilitate the cessation of smoking. 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. 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). 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) Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. 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. 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. Just as the Court stated in that same judgment that the legislative context had not changed at the time of adoption of Directive 2001/37, which had also prohibited the placing on the market of tobacco products for oral use (see, to that effect, judgment of 14December 2004, Swedish Match, C210/03, EU:C:2004:802, paragraph40), it must be observed that that context remained the same at the time of adoption of Directive 2014/40. Depending on the circumstances, the measures referred to in Article114(1) TFEU may consist in requiring all the Member States to authorise the marketing of the product or products concerned, subjecting such an obligation of authorisation to certain conditions, or even provisionally or definitively prohibiting the marketing of a product or products (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph64). *1 EN. 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. Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom. Ttrai, acting as Agents. In this case, it must be observed that Directive 2014/40 pursues, according to Article1 thereof, a twofold objective of facilitating the smooth functioning of the internal market for tobacco and related products while taking as a base a high level of protection of human health, especially for young people (judgment of 4May 2016, Poland v Parliament and Council, C358/14, EU:C:2016:323, paragraph80). 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 Other Operations. In particular, Swedish Match and the NNA state, relying on observations made in Sweden and in Norway, that the consumption of snus tends to replace, rather than be additional to the consumption of tobacco products for smoking, and that it has no gateway effect to the latter products. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of equal treatment. In those circumstances, it must be held that Article1(c) and Article17 of Directive 2014/40 are not invalid having regard to Articles1, 7 and35 of the Charter. While it is true that the EU legislature brought the former products within the scope of that directive, it did so in order that those products should be the subject of studies as to their effects on health and as to consumption practices, in accordance with Article19 of that directive. 11). Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. With regard to judicial review of compliance with those conditions, the Court has accepted that in the exercise of the powers conferred on it the EU legislature must be allowed a broad discretion in areas such as that at issue in which its action involves political, economic and social choices and in which it is called upon to undertake complex assessments and evaluations. Check 'state of health' translations into English. 1/2. Swedish Match AB and Swedish Match UK Ltd. v. Secretary of State for Health (Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)) It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. As regards the assessments of highly complex scientific and technical facts that are necessary in order to determine whether the prohibition on the placing on the market of tobacco products for oral use is proportionate, it must be recalled that the Courts of the European Union cannot substitute their assessment of that material for that of the legislature on which the FEU Treaty has placed that task. 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. ! Such national provisions shall be notified to the Commission together with the grounds for introducing them. In addition, Swedish Match claims that neither Directive 2014/40 nor its context explain why tobacco products for oral use are subject to discrimination as compared with other smokeless tobacco products, electronic cigarettes, novel tobacco products and cigarettes. ) Language of the case: English. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles1, 7 and35 of the Charter. A discussion on whether current scientific evidence is sufficient to justify the regulatory measures. Dismiss. Those considerations must guide the Court in its examination of the validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. It is apparent from the order for reference that Swedish Match and the NNA claim that Article1(c) and Article17 of Directive 2014/40 are in breach of Articles1, 7 and35 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. Swedish Match AB v Secretary of State for Health. 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. Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). Moreover, the Commission also stated that a decision to lift the prohibition on placing on the market tobacco products for oral use would affect the policies for controlling the consumption of tobacco products by encouraging people who are not yet consumers of tobacco products, in particular young people, to become consumers and, therefore, such a decision would entail certain public health risks. 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. Legal context 3 Recital 32 of Directive 2014/40 states: In having prohibited the placing on the market of tobacco products for oral use, while permitting the marketing of other tobacco products, the EU legislature must be regarded as having undertaken a harmonisation in stages of tobacco products. 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. It must be recalled that the principle of subsidiarity is set out in the second paragraph of Article5(3) TEU, which provides that the Union, in areas which do not fall within its exclusive competence, is to act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Union. In a certain land subject to us, all kinds of pepper is gathered, and is exchanged for corn and bread, leather and cloth. 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. MADISON Gov. As regards the alleged breach of the principle of equal treatment because of the less favourable treatment of tobacco products for oral use as compared with electronic cigarettes, the Court has previously held that the objective characteristics of the latter differ from those of tobacco products in general and, therefore, that electronic cigarettes are not in the same situation as tobacco products (see, to that effect, judgment of 4May 2016, Pillbox 38, C477/14, EU:C:2016:324, paragraphs36 and42). 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 cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. 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. 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. eurlex-diff-2018-06-20 Dismiss . 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). Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, 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. 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. [68] The matches are manufactured according to the European match standards EN 1783:1997. 4 - Prohibition of torture and inhuman or degrading treatment or punishment, 9 - Right to marry and right to found a family, 10 - Freedom of thought, conscience and religion, 11 - Freedom of expression and information, 12 - Freedom of assembly and of association, 15 - Freedom to choose an occupation and right to engage in work, 19 - Protection in the event of removal, expulsion or extradition, 22 - Cultural, religious and linguistic diversity, 26 - Integration of persons with disabilities, 27 - Workers' right to information and consultation within the undertaking, 28 - Right of collective bargaining and action, 29 - Right of access to placement services, 30 - Protection in the event of unjustified dismissal, 32 - Prohibition of child labour and protection of young people at work, 34 - Social security and social assistance, 36 - Access to services of general economic interest, 39 - Right to vote and to stand as a candidate at elections to the European Parliament, 40 - Right to vote and to stand as a candidate at municipal elections, 45 - Freedom of movement and of residence, 47 - Right to an effective remedy and to a fair trial, 48 - Presumption of innocence and right of defence, 49 - Principles of legality and proportionality of criminal offences and penalties, 50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence, EU Fundamental Rights Information System - EFRIS, Promising practices: equality data collection, Civil society and the Fundamental Rights Platform, NHRIs, Equality Bodies and Ombudsperson Institutions, UN, OSCE and other international organisations, From institutions to community living for persons with disabilities: perspectives from the ground, Second European Union Minorities and Discrimination Survey Main results, Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Muslims, Together in the EU: Promoting the participation of migrants and their descendants, Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Roma, Child-friendly justice perspectives and experiences of professionals: Press pack, Jewish peoples experiences and perceptions of hate crime, discrimination and antisemitism, Child-friendly justice perspectives and experiences of children, Paragraphs referring to EU Charter (original language), Justice, victims rights and judicial cooperation. When expanded it provides a list of search options that will switch the search inputs to match the current selection. But it never got off the ground. Fernlund and S.Rodin (Rapporteur), Judges. Translation of "Secretary of State for Health" into Polish . In that regard, while it is true that the prohibition on the placing on the market of tobacco products for oral use constitutes a restriction, within the meaning of Articles34 and35 TFEU, such a restriction is clearly justified, as stated above, on grounds of protection of public health, is not in breach of the principles of equal treatment and proportionality, and satisfies the obligation to state reasons. This is a list of experimental features that you can enable. Look through examples of Secretary of State for Health translation in sentences, listen to pronunciation and learn grammar. 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 Defendant 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. Participant. . Subsequent regulations exceed the scope of the originating law. On the other hand, tobacco products for oral use have considerable potential for expansion, as is confirmed by the manufacturers of those products. 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. Amazon will make a donation to the Campaign for Tobacco-Free Kids. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. Article 7 - Respect for private and family life. Join now Sign in Dr. Suwanna Gauntlett's Post Dr. Suwanna Gauntlett Chief Executive Officer at Wildlife Alliance . composed of R.Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C.Bonichot, E.Regan, C.G. Shop at AmazonSmile and Use quotation marks to search for an "exact phrase". 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. 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. 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. 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. 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 Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes. 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. 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. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. The Queen on the Application of Swedish Match AB, et al. 2 European Communities Certain Measures Prohibiting the Importation and Marketing of Seal Products, DS369, DS400, DS401. INTRODUCTION the Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. 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). Registrar: M.Ferreira, Principal Administrator. "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 . Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. 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. Translate texts with the world's best machine translation technology . This button displays the currently selected search type. Directive 2001/37/EC [of the European Parliament and of the Council of 5June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products Commission statement (OJ 2001 L194 p.26)] reaffirmed that prohibition. The Queen on the Application of Swedish Match AB, et al. . breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. 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. Senkung der CO2-Emissionen: Dieses Ziel mchten auch die Wissenschaftler*innen am Lehrstuhl Thermische Turbomaschinen und Flugtriebwerke der Ruhr-Universitt Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. And, vi evidence is sufficient to justify the regulatory measures of Articles 34 and 35 TFEU ; and Operations... 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