This document is an excerpt from the EUR-Lex website. 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 . 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. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and Other Operations. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. 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). 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. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. Look through examples of Secretary of State for Health translation in sentences, listen to pronunciation and learn grammar. 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. Swedish Match North America LLC, U.S. District Court for the Central District of California, No. Use quotation marks to search for an "exact phrase". Education Sec. 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). Miguel Cardona. 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. 49 CE per il caso della sig.ra Watts. 11). 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. 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"). Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold v. Secretary of State for Health, Case C-210/03, Court of Justice of the European Union (2004). Judgement for the case Swedish Match AB and Swedish Match UK Ltd) v Secretary of State for Health Another directive made under art.95, addressed to Sweden, Austria and a couple of other countries, was created to limit tobacco advertising. 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. the Hungarian Government, by M.Z. Education Sec. 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. Minister zdrowia by czowiekiem sfrustrowanym. Dismiss. 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. 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). 4 . 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). Use quotation marks to search for an "exact phrase". Case ID. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity. Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). 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 Supreme Court will make a decision on the legality of Biden's plan by June. Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. eurlex-diff-2018-06-20 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. Participant. 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. 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) 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. 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. 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. *1 Senkung der CO2-Emissionen: Dieses Ziel mchten auch die Wissenschaftler*innen am Lehrstuhl Thermische Turbomaschinen und Flugtriebwerke der Ruhr-Universitt the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. the European Parliament, by A.Tams andI.McDowell, acting as Agents. 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. Il Ministro della sanit convenuto nell'ambito di tale procedimento. 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). In particular, recital 32 of Directive 2014/40 states that the prohibition on 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 effects on human health, and refers to the reasons stated in Directives 89/622 and2001/37, which clearly set out, as previously held by the Court (see, to that effect, judgment of 14December 2004, Swedish Match, C210/03, EU:C:2004:802, paragraph65), the grounds that gave rise to that prohibition. R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Judgment date. Don't forget to give your feedback! Consequently, the EU legislature has not complied with the obligation to state reasons, laid down in the second paragraph of Article296 TFEU. 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. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. *1 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 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 Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. Check 'state of health' translations into English. 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. Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. Delivered in open court in Luxembourg on 22November 2018. The court might consider procedural matters without touching the merits of the case. 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. Crowley remained in his tent, and on the same evening wrote a letter printed in The Pioneer on September 11, 1905, from which the following is an extract: "As it was I could do nothing more than send out Reymond on the forlorn hope. 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. It follows that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of subsidiarity. Fehr, G.Kos and M.M. Open menu. 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. Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . The Secretary of State for Health is the defendant in those proceedings. In a certain land subject to us, all kinds of pepper is gathered, and is exchanged for corn and bread, leather and cloth. Judgment of the Court (Grand Chamber) of 14 December 2004. EurLex-2. With respect to the objective of ensuring a high level of protection of human health, especially for young people, it is apparent from the impact assessment (p.62 et seq.) Pinnacle Meat Processors Co v United Kingdom (1999) 27 EHRR CD217, ECtHR 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. This document is an excerpt from the EUR-Lex website. Where it proves to be impossible to determine with certainty the existence or extent of the alleged risk because the results of studies conducted are inconclusive, but the likelihood of real harm to public health persists should the risk materialise, the precautionary principle justifies the adoption of restrictive measures (judgment of 9June 2016, Pesce and Others, C78/16 andC79/16, EU:C:2016:428, paragraph47 and the case-law cited). We help promote and protect these rights. unfairly discriminate against SF businesses because the law should apply to all locations equally. Ttrai, acting as Agents. The Queen on the Application of Swedish Match AB, et al. 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). 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). 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). Informacin detallada del sitio web y la empresa: ydelecnormandie.com, +33974562807 Installation et rnovation de rseau lectrique Pont-Audemerr, Lisieux, Le Havre-lectricit btiment,Installation lectrique | SARL YD ELEC NORMANDIE On 30June 2016 Swedish Match brought an action before the courts of the United Kingdom in order to challenge the legality of Regulation 17 of the Tobacco and Related Products Regulations 2016, which transposed into United Kingdom law Article1(c) and Article17 of Directive 2014/40, and which provides that no person may produce or supply tobacco for oral use. Consequently, the prohibition on the placing of tobacco products for oral use on the market does not manifestly exceed what is necessary in order to attain the objective of ensuring a high level of protection of public health. Do you want to help improving EUR-Lex ? 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. Those provisions, as stated in paragraph63 of the present judgment, are also not in breach of the principle of proportionality. Miguel Cardona said Biden's team made a "powerful defense" of the relief. 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. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court). . 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. 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. 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). 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. Verifique las traducciones de 'health state' en ingls. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. 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 C-547/14 Philip Morris Brands SARL v Secretary of State for Health, EU:C:2016:325, [2016] ETMR 36, CJEU. Legal context 3 Recital 32 of Directive 2014/40 states: 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. 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 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. Further, the outright prohibition of tobacco products for oral use, since it takes no account of the individual circumstances of each Member State, is not, according to Swedish Match, compatible with the principle of subsidiarity. Article 7 - Respect for private and family life. 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. This button displays the currently selected search type. [Case closed] Main proceedings. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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. EN. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. the Finnish Government, by H.Leppo, acting as Agent. Justices. 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. Case C-210/03. GREG NASH/POOL/AFP via Getty Images The Supreme Court concluded oral arguments on Biden's student-debt relief on Tuesday. Registrar: M.Ferreira, Principal Administrator. 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. The Snus and Moist Snuff segment produces and markets smokeless cigarettes. Complied with the obligation to State reasons, laid down in the second of. 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