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. *1 Education Sec. 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. Dismiss. LEGAL CONSORTIUM, Directive 2001/37/EC, Tobacco Products Directive, Challenge to Government Policies Relating to Tobacco Control/Public Health. Judgment details. former US president Donald Trump's secretary of state. 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. Participant. . Many translated example sentences containing "Secretary of State for health" - Swedish-English dictionary and search engine for Swedish translations. This is a list of experimental features that you can enable. In that regard, as stated in paragraph40 of the present judgment, Directive 2014/40 pursues a twofold objective, in that it seeks to facilitate the smooth functioning of the internal market for tobacco and related products, while ensuring a high level of protection of human health, especially for young people (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph220). 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 Division (Administrative Court) (United Kingdom)) (Reference for a preliminary ruling Approximation of laws Manufacture, presentation and sale of 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. 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. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. Measures to regulate the marketing on tobacco packages. 11). the Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. Again, the fact that tobacco products for oral use are produced for the mass market cannot justify the discrimination to which they are subject, since other products falling within the scope of that directive, in particular other smokeless tobacco products, electronic cigarettes and novel tobacco products, are also produced for the mass market. 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. 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. When expanded it provides a list of search options that will switch the search inputs to match the current selection. A violation of property rights, sometimes in the form of an expropriation or a taking by the government. Here grows the plant Assidos, which, when worn by any one, protects him from the evil spirit, forcing it to state its business and name; consequently the foul spirits keep out of the way there. Article151 of the Act of Accession of Austria, Finland and Sweden [the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C241, p.21, and OJ 1995 L1, p.1] grants Sweden a derogation from the prohibition. "The cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. Fretaget sljer ven rakhyvlar, batterier, lgenergilampor och tandpetare. Justices. 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 R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Judgment date. Judgment of the Court (Grand Chamber) of 14 December 2004. 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 Dismiss. For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . Such national provisions shall be notified to the Commission together with the grounds for introducing them. 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). 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. Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. 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 It follows that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of subsidiarity. Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. 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. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. In those circumstances, Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment. ** I. 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. 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 . 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. Check 'state of health' translations into English. Depending on the circumstances, the measures referred to in Article114(1) TFEU may consist in requiring all the Member States to authorise the marketing of the product or products concerned, subjecting such an obligation of authorisation to certain conditions, or even provisionally or definitively prohibiting the marketing of a product or products (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph64). Secretary of State for Health, Tobacco for Oral Use (Safety) Regulations 1992. 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. Translate texts with the world's best machine translation technology . 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 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). Dismiss. Swedish Match AB and Swedish Match UK Ltd. v. Secretary of State for Health (Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)) 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 . 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. Court reports general 'Information on unpublished decisions' section, 22November 2018( List of documents. 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. Jobs People Learning Dismiss Dismiss. 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"). 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). 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. The Queen on the Application of Swedish Match AB, et al. Those provisions, as stated in paragraph63 of the present judgment, are also not in breach of the principle of proportionality. Total citations: . In that regard, as concerns respecting the essence of fundamental rights, it is clear that the prohibition on placing on the market tobacco products for oral use laid down in Article1(c) and Article17 of Directive 2014/40 is intended not to restrict the right to health but, on the contrary, to give expression to that right and, consequently, to ensure a high level of protection of health with respect to all consumers, by not entirely depriving people who want to stop smoking of a choice of products which would help them to achieve that goal. Look through examples of state of health translation in sentences, listen to pronunciation and learn grammar. C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health EU:C:2016:324, [2016] 4 WLR 110, CJEU. the European Parliament, by A.Tams andI.McDowell, acting as Agents. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. 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. But it never got off the ground. 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. On those grounds, the Court (First Chamber) hereby rules: Consideration of the question referred has disclosed nothing capable of affecting 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. 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). 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. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. C-151/17 ECLI:EU:C:2018:938 62017CJ0151. Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . 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. 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. 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). 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. Moreover, leaving aside the fact that the Court has not yet had occasion to give a ruling on the validity of Article1(c) and Article17 of Directive 2014/40, Swedish Match argues that the judgment of 14December 2004, Swedish Match (C210/03, EU:C:2004:802), is not applicable to the main proceedings, since recent scientific evidence on the allegedly harmful effects of tobacco products for oral use contradicts what is said in that judgment, the rules introduced by Directive 2014/40 are significantly different from those established by Directive 2001/37 and, last, there have been extensive changes in the market for tobacco products since that judgment. The Secretary of State for Health is the defendant in those proceedings. 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. 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. Il Ministro della sanit convenuto nell'ambito di tale procedimento. 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. 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). In the judgme nts in Swedish Match ( 6) and Arnold Andr , ( 7) the Court has already examined the validity of Article 8 of Directive 2001/37 and found that . composed of R.Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C.Bonichot, E.Regan, C.G. Fernlund and S.Rodin (Rapporteur), Judges. 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. ), 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. Search result: 2 case (s) 2 documents analysed. 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