The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the second paragraph of Article296 TFEU. ( 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). Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. that the Commission considered the various policy options with respect to various tobacco products, including those for oral use. 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). 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. 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. 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. 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). . Case ID. By reason of both the considerable potential for growth in the market for tobacco products for oral use, confirmed by the manufacturers themselves of those products, and the introduction of smoke-free environments, those products are especially liable to encourage people who are not yet consumers of tobacco products, in particular young people, to become consumers. 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. Defendant In England and Wales the Secretary of State for Health is responsible for the provision of a comprehensive national health service. 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).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.Case C-151/17. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. 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 Article 7 - Respect for private and family life. Shop at AmazonSmile and 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, 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. Consequently, it must be held that those provisions are not in breach of the principle of proportionality. the Finnish Government, by H.Leppo, acting as Agent. Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, 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 Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. 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). MADISON Gov. 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. 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). Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. 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. Further, as stated in paragraph26 of the present judgment, such products would, if placed on the market, represent novel products for consumers. 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). 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. It added assets that can be used to match insur- chiefs warned MPs that the package of Ofcom said it was "concerned about that its rules already stipulated that ers' long-term liabilities in so-called . The Snus and Moist Snuff segment produces and markets smokeless cigarettes. ** I. 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. Check 'Secretary of State for Health' translations into Swedish. On May 11, 2022, Philip Morris Holland Holdings B.V. ("PMHH"), an affiliate of Philip Morris International Inc. ("PMI"), announced a recommended public offer to the shareholders of Swedish Match to tender all shares in Swedish Match to PMHH (the "Offer"). 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 Jak sytuacj faktyczn oznacza wwczas wymg objectively unable to provide for their own needs on account of their state of health z art. 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. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Dismiss . 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. ! INTRODUCTION For example, a group of restaurant owners challenging a smoke free law as unconstitutional. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. Registrar: M.Ferreira, Principal Administrator. 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. Verifique las traducciones de 'health state' en ingls. 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 novel tobacco products, it must be observed that Article2(14) of Directive 2014/40 defines novel tobacco product as being a tobacco product which is placed on the market after 19May 2014 and which does not fall into any of the following categories: cigarettes, roll-your-own tobacco, pipe tobacco, waterpipe tobacco, cigars, cigarillos, chewing tobacco, nasal tobacco or tobacco for oral use. 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 United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. 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. Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold Search result: 2 case (s) 2 documents analysed. 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. What is the EU Charter of Fundamental Rights? Il Ministro della sanit convenuto nell'ambito di tale procedimento. *1 Total citations: . ), Reference for a preliminary ruling Approximation of laws Manufacture, presentation and sale of tobacco products Directive 2014/40/EU Article1(c) and Article17 Prohibition on the placing on the market of tobacco products for oral use Validity), REQUEST for a preliminary ruling under Article267 TFEU from the High Court of Justice (England & Wales), Queens Bench Division (Administrative Court) (United Kingdom), made by decision of 9March 2017, received at the Court on 24March 2017, in the proceedings. . Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. 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 Court (First Chamber) Type Decision Decision date 22/11/2018 ECLI (European case law identifier) ECLI:EU:C:2018:938 EU Charter of Fundamental Rights EU Charter of Fundamental Rights The Supreme Court will make a decision on the legality of Biden's plan by June. 2:22-cv-05355. 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 . 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. 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. Use quotation marks to search for an "exact phrase". Swedish Match is a public limited liability company established in Sweden which primarily markets smokeless tobacco products and, in particular, snus. 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. Further, Swedish Match claims that the prohibition on placing on the market tobacco products for oral use is contrary to the principle of proportionality, since neither the recitals of Directive 2014/40, nor the impact assessment of 19December 2012 carried out by the Commission, which accompanies the Proposal for a Directive of the European Parliament and of the Council 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 (SWD(2012) 452 final, p.49 et seq.) Fernlund and S.Rodin (Rapporteur), Judges. 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. Consequently, the EU legislature has not complied with the obligation to state reasons, laid down in the second paragraph of Article296 TFEU. Sample translated sentence: The Secretary of State for Health was a frustrated man. 2 European Communities Certain Measures Prohibiting the Importation and Marketing of Seal Products, DS369, DS400, DS401. Miguel Cardona said Biden's team made a "powerful defense" of the relief. 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. The Court held that the Directive properly derived its authority from Article 95 EC, which provided the community with rule-making authority to ensure the internal consistency of the community market. Education Sec. 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. 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. 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. eurlex-diff-2018-06-20 Join now Sign in Dr. Suwanna Gauntlett's Post Dr. Suwanna Gauntlett Chief Executive Officer at Wildlife Alliance . Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. 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. Use quotation marks to search for an "exact phrase". Such a prohibition is an unsuitable means of achieving the objective of public health protection, since it deprives consumers who want to avoid the consumption of cigarettes and other tobacco products for smoking of the option of using a less toxic product, as shown by the success of electronic cigarettes and the scientific evidence on the harmful effects of tobacco in Sweden. Translator. But it never got off the ground. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. In that regard, it must be recalled that the authors of the Treaty intended to confer on the EU legislature a discretion, depending on the general context and the specific circumstances of the matter to be harmonised, as regards the method of approximation most appropriate for achieving the desired result, in particular in fields with complex technical features. 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 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. Judgment of the Court (Grand Chamber) of 14 December 2004. Measures to regulate the marketing on tobacco packages. Subsequent regulations exceed the scope of the originating law. EurLex-2. 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