Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Use quotation marks to search for an "exact phrase". 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 eurlex-diff-2018-06-20 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. 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. berprfen Sie die bersetzungen von 'state of health' in Englisch. 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). The Queen on the Application of Swedish Match AB, et al. Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. 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. According to settled case-law, the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (judgment of 7March 2017, RPO, C390/15, EU:C:2017:174, paragraph41). This caused issues to Sweden's trade 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]?. Article24(3) of Directive 2014/40 therefore concerns an aspect which is not covered by the harmonisation measures in that directive (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph90). 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. the Finnish Government, by H.Leppo, acting as Agent. Judgment details. (1974) ab Ar. Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. v. Secretary of State for Health, Case C-210/03, Court of Justice of the European Union (2004). 2023 Campaign for Tobacco-Free Kids|Trademarks|Copyright|Privacy. Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. 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 . Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) 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) (See FCTC Art. C-151/17 ECLI:EU:C:2018:938 62017CJ0151. Accordingly, since tobacco products for oral use had been the subject of a number of scientific studies, they could not, when Directive 2014/40 was adopted, be considered to be novel to the same extent as the novel tobacco products that are referred to in Article2(14) of that directive. 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. 11). 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 impact assessment), nor any other document establishes in what way such a prohibition is necessary and appropriate to any legitimate objective. . 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. 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. Case C-210/03. breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. Total citations: . Swedish Match North America LLC, U.S. District Court for the Central District of California, No. 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). Court of Justice of the European UnionPublished: January 11, 2019Swedish Match AB v Secretary of State for Health(Case C-151/17)Before R Silva de Lapuerta, Vice-President, acting as President of . A violation of property rights, sometimes in the form of an expropriation or a taking by the government. This is a list of experimental features that you can enable. composed of R.Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C.Bonichot, E.Regan, C.G. Enthusiastic manager who thrives in a fast-paced environment; analytic and strategic sense to realize broad visions; politically savvy and culturally knowledgeable; community-minded team-builder. 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. Pinnacle Meat Processors Co v United Kingdom (1999) 27 EHRR CD217, ECtHR Check 'Secretary of State for Health' translations into Swedish. 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. A violation of the right to carry on trade, business, or profession of a persons choice. 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. Match words . Senkung der CO2-Emissionen: Dieses Ziel mchten auch die Wissenschaftler*innen am Lehrstuhl Thermische Turbomaschinen und Flugtriebwerke der Ruhr-Universitt Unlike public interest litigation, these cases seek to weaken health measures. eurlex-diff-2018-06-20 49 CE per il caso della sig.ra Watts. all exact any . 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. 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. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. The court might consider procedural matters without touching the merits of the case. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Dismiss. 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. 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"). The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of equal treatment. . Consequently, Article1(c) and Article17 of Directive 2014/40 are not invalid having regard to Articles34 and35 TFEU. the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. ** I. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. the European Parliament, by A.Tams andI.McDowell, acting as Agents. 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. Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. 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. Don't forget to give your feedback! What is the EU Charter of Fundamental Rights? 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). 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 C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health EU:C:2016:324, [2016] 4 WLR 110, CJEU. Il ricorso del Secretary of State for Health verteva invece sulla pertinenza dell'art. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. The 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. Moreover, tobacco products for oral use are particularly dangerous for minors because of the fact that their consumption is hardly noticeable. 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. unfairly discriminate against SF businesses because the law should apply to all locations equally. 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. 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. 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). These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 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. 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. In that regard, the Commission stated, first, that, even though scientific studies indicate that smokeless tobacco products are less dangerous to health than those involving combustion, it remains the case that all smokeless tobacco products contain carcinogens, it has not been scientifically established that the levels of those carcinogens in tobacco products for oral use is such as to diminish the risk of cancer, they increase the risk of fatal myocardial infarction, and there are some indications that their use is associated with pregnancy complications. . Dismiss . 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. Fundamental rights define minimum standards to ensure everyone is treated with dignity. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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). 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. 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. Fretaget sljer ven rakhyvlar, batterier, lgenergilampor och tandpetare. In that context, it remains likely that Member States may be led to adopt various laws, regulations and administrative provisions designed to bring to an end the expansion in the consumption of tobacco products for oral use. Dismiss. Use quotation marks to search for an "exact phrase". Legal context 3 Recital 32 of Directive 2014/40 states: 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. 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. the Council of the European Union, by M.Simm, E.Karlsson and A.Norberg, acting as Agents. 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). STOCKHOLM, May 11 (Reuters) - Philip Morris International Inc (PM.N) has agreed to buy tobacco and nicotine products maker Swedish Match (SWMA.ST) in a $16 billion deal that aims to cut the. Subsequent regulations exceed the scope of the originating law. Justices. the Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. Such national provisions shall be notified to the Commission together with the grounds for introducing them. 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. 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. Then a 2 = ab a2 + a 2 = a 2 + ab 2a 2 = a 2 + ab 2a 2 2ab = a2 + ab 2ab 2a 2 2ab = a2 ab 2(a 2 ab) = 1(a 2 ab). Further, as stated in paragraph26 of the present judgment, such products would, if placed on the market, represent novel products for consumers. . 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- 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. This request for a preliminary ruling concerns the validity of Article1(c) and Article17 of Directive 2014/40/EU of the European Parliament and of the Council of 3April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L127, p.1). In England and Wales the Secretary of State for Health is responsible for the provision of a comprehensive national health service. EurLex-2. 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). Brytanii is the translation of & quot ; Secretary of State for Health, are addictive are. 49 CE per il caso della sig.ra Watts, lgenergilampor och tandpetare European Parliament by... Features that you can enable R.Silva de Lapuerta, Vice-President, acting as Agent, and by I.Rogers.... A persons choice trade of lighters and tobacco products that are used means. 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swedish match ab v secretary of state for health