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. Use quotation marks to search for an "exact phrase". the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. 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). Do you want to help improving EUR-Lex ? Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. 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). Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) 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. It follows that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of subsidiarity. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. The Queen on the Application of Swedish Match AB, et al. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles1, 7 and35 of 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. tobacco products for smoking means tobacco products other than a smokeless tobacco product; novel tobacco product means a tobacco product 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; and. 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. 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. eurlex-diff-2018-06-20 Consequently, Article1(c) and Article17 of Directive 2014/40 are not invalid having regard to Articles34 and35 TFEU. Education Sec. The court might consider procedural matters without touching the merits of the case. 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. breach of the EU general principle of proportionality; iii. 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. berprfen Sie die bersetzungen von 'state of health' in Englisch. 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. . Consequently, the EU legislature has not complied with the obligation to state reasons, laid down in the second paragraph of Article296 TFEU. By the question referred for a preliminary ruling, the referring court raises the issue of the validity of Article1(c) and Article17 of Directive 2014/40, having regard to the principles of equal treatment, proportionality and subsidiarity, the obligation to state reasons laid down in the second paragraph of Article296 TFEU, Articles34 and35 TFEU and Articles1, 7 and35 of the Charter. breach of Articles 1, 7 and 35 of [the Charter]?. Swedish Match AB v Secretary of State for Health. 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. Total citations: . "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 . 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. 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. 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. 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 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 that the Commission considered the various policy options with respect to various tobacco products, including those for oral use. 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. 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. 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. 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. 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. 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. 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. 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. Publisher's summary: Confraternities were the most common form of organized religious life in medieval and early modern Europe. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. 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. Check 'Secretary of State for Health' translations into Swedish. UKSC 2015/0220. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Dismiss. 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). 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 . For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . GREG NASH/POOL/AFP via Getty Images The Supreme Court concluded oral arguments on Biden's student-debt relief on Tuesday. This button displays the currently selected search type. 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 . Fernlund and S.Rodin (Rapporteur), Judges. 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. But it never got off the ground. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. 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. v. Secretary of State for Health, Case C-210/03, Court of Justice of the European Union (2004). 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 second paragraph of Article296 TFEU. eurlex-diff-2018-06-20 The Court further held, among other things, that: (1) adoption of the Directive was supported by sufficient scientific evidence; (2) the Directive satisfied the principle of proportionality; (3) sufficient reasons existed to treat oral tobacco differently from chewed tobacco at the time of the Directive's adoption; (4) a claim to a right to property could not be based upon denial of a market share; and (5) the Directive's interference with the freedom to pursue an economic activity was justified by the concerns guiding adoption of the Directive. C-210/03 - Swedish Match. After Swedish Match AB (publ)'s earnings announcement in September 2018, the consensus outlook from analysts appear somewhat bearish, as a 5.8% rise in profits is expected in the upcoming year . . 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. Il ricorso del Secretary of State for Health verteva invece sulla pertinenza dell'art. 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. Senkung der CO2-Emissionen: Dieses Ziel mchten auch die Wissenschaftler*innen am Lehrstuhl Thermische Turbomaschinen und Flugtriebwerke der Ruhr-Universitt The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity. The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes. 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). The Reds are hoping to push Fulham, Newcastle, and Tottenham for a European place, but have struggled for consistency in the process. 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 chewed. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. The Snus and Moist Snuff segment produces and markets smokeless cigarettes. Translate texts with the world's best machine translation technology . 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. LEGAL CONSORTIUM, Directive 2001/37/EC, Tobacco Products Directive, Challenge to Government Policies Relating to Tobacco Control/Public Health. Judgment details. 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. 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 Article24(3) of that directive is worded as follows: A Member State may also prohibit a certain category of tobacco or related products, on grounds relating to the specific situation in that Member State and provided the provisions are justified by the need to protect public health, taking into account the high level of protection of human health achieved through this Directive. . Accordingly, if those products were to be introduced onto that market, they would continue to be novel as compared with other smokeless tobacco products and tobacco products for smoking, including cigarettes, and would accordingly be attractive to young people. Don't forget to give your feedback! 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. breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. 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. Miguel Cardona. 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. Open menu. . 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. 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). What is the EU Charter of Fundamental Rights? Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. Further, as the Advocate General stated in point73 of his Opinion, it is stated in the impact assessment, which is not challenged on that point, that smokeless tobacco products other than those for oral use represent only niche markets which have limited potential for expansion, on account of, inter alia, their costly and in part small-scale production methods. 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. Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). 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. Check 'state of health' translations into English. New Nicotine Alliance, by P.Diamond, Barrister. 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