swedish match ab v secretary of state for health

eurlex-diff-2018-06-20 Court reports general 'Information on unpublished decisions' section, 22November 2018( the Hungarian Government, by M.Z. European Union Agency for Fundamental Rights, 2007-2023, Swedish Match AB v Secretary of State for Health, Justice, victims rights and judicial cooperation, Irregular migration, return and immigration detention, Data protection, privacy and new technologies, Support for human rights systems and defenders. 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. Neutral citation number [2017] UKSC 41. 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 breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. 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. 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. 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. is placed on the market after 19May 2014; Article17 of that directive, headed Tobacco for oral use, states: Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article151 of the Act of Accession of Austria, Finland and Sweden.. Look through examples of Secretary of State for Health translation in sentences, listen to pronunciation and learn grammar. 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- C-210/03 - Swedish Match. ( MADISON Gov. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. 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. 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. 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. Such national provisions shall be notified to the Commission together with the grounds for introducing them. 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. This is a list of experimental features that you can enable. 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. ), 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. 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. . 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). 4 . 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. all exact any . 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. Find out more about the Agency and its work here. Sample translated sentence: The Secretary of State for Health was a frustrated man. Translator. "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 . Measures to regulate the marketing on tobacco packages. For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . Oct 20 (Reuters) - Marlboro maker Philip Morris International Inc (PM.N) on Thursday raised its buyout bid for Swedish Match AB (SWMA.ST) in a last-ditch effort to get backing for its $16 billion . Pinnacle Meat Processors Co v United Kingdom (1999) 27 EHRR CD217, ECtHR Jobs People Learning Dismiss Dismiss. A violation of the right to carry on trade, business, or profession of a persons choice. Subsequent regulations exceed the scope of the originating law. The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. Minister zdrowia by czowiekiem sfrustrowanym. 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)) 18) 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 Articles 1, 7 and 35 of the Charter of Fundamental Rights of the European Union (the Charter). Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. 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. 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. 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). The Court held that the Directive properly derived its authority from Article 95 EC, which provided the community with rule-making authority to ensure the internal consistency of the community market. 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 . EurLex-2. Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes. Accordingly, the criterion to be applied is not whether a measure adopted in such an area was the only or the best possible measure, since its legality can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institutions are seeking to pursue (see, to that effect, judgment of 4May 2016, Pillbox 38, C477/14, EU:C:2016:324, paragraph49). [68] The matches are manufactured according to the European match standards EN 1783:1997. Ttrai, acting as Agents. Match words . Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. 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. Fehr, G.Kos and M.M. It was thus open to the EU legislature, in the exercise of that discretion, to proceed towards harmonisation only in stages and to require only the gradual abolition of unilateral measures adopted by the Member States (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph63). 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). Dismiss. the European Parliament, by A.Tams andI.McDowell, acting as Agents. 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.) Liverpool, sitting seventh in the table, look for the Anfield crowd to spark a turnaround as they host Wolves in a midweek Premier League match. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. . Registrar: M.Ferreira, Principal Administrator. 20) By the question referred for a preliminary ruling, the referring court raises the issue of the validity of Article 1(c) and Article 17 of Directive 2014/40, having regard to the principles of equal treatment, proportionality and subsidiarity, the obligation to state reasons laid down in the second paragraph of Article 296 TFEU, Articles 34 and 35 TFEU and Articles 1, 7 and 35 of the Charter. Translate texts with the world's best machine translation technology . 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. Do you want to help improving EUR-Lex ? the Finnish Government, by H.Leppo, acting as Agent. In his defence, the Secretary of State for Health considers that a reference to the Court for a preliminary ruling on the validity of Article1(c) and Article17 of Directive 2014/40 is appropriate, and states, in particular, that the Court alone has the power to declare that a directive or a part of it is invalid. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 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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. 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. 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. Case ID. unfairly discriminate against SF businesses because the law should apply to all locations equally. Moreover, as regards more particularly the claim by Swedish Match that the permission given to the marketing of other tobacco and related products demonstrates that the prohibition on the placing on the market of tobacco products for oral use is disproportionate, it must be recalled that an EU measure is appropriate for ensuring attainment of the objective pursued only if it genuinely reflects a concern to attain it in a consistent and systematic manner (see, to that effect, judgment of 5July 2017, Fries, C190/16, EU:C:2017:513, paragraph48). Consequently, it must be held that those provisions are not in breach of the principle of proportionality. 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. In that context, it is clear that the EU legislature was entitled, on the basis of scientific studies, in the exercise of the broad discretion available to it in that regard and in conformity with the precautionary principle, to conclude, in accordance with the case-law cited in paragraphs36 and38 of the present judgment, that the effectiveness of tobacco products for oral use as an aid to the cessation of smoking if the prohibition on placing on the market such products were to be lifted was uncertain, and that there were public health risks, such as the risk of a gateway effect, due, in particular, to those products being attractive to young people. 49 CE per il caso della sig.ra Watts. As regards the claim that Article24(3) of Directive 2014/40 demonstrates that the objectives of that directive could be adequately achieved by the Member States, it must be observed that that provision grants to each Member State the option of prohibiting a certain category of tobacco or related products on grounds relating to the specific situation of that Member State, provided that those provisions are justified by the need to protect public health, while the Commission retains the power to approve or reject those provisions of national law, after having verified, taking into account the high level of protection of human health achieved by that 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. Delivered in open court in Luxembourg on 22November 2018. 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). Following the delivery of those judgments, the EU legislature has not adopted any measure that permits tobacco products for oral use to be placed on the market in Member States subject to Article17 of Directive 2014/40. 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. In that regard, it follows from paragraph34 of the present judgment that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment on the ground that the treatment of tobacco products for oral use differs from the treatment of other tobacco and related products. 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. Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). 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. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles1, 7 and35 of the Charter. Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. Do you want to help improving EUR-Lex ? 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. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. In that action, Swedish Match challenges the validity, having regard to the principle of non-discrimination, of Article1(c) and Article17 of Directive 2014/40, by reason of the difference in treatment which those provisions establish between, on the one hand, tobacco products for oral use, whose placing on the market is prohibited, and, on the other hand, other smokeless tobacco products, novel tobacco products, cigarettes and other tobacco products for smoking, and electronic cigarettes, whose consumption is not prohibited. 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 . Judgment details. INTERNATIONAL 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. eurlex-diff-2018-06-20 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. 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. Mire ejemplos de health state traduccin en oraciones, escuche la pronunciacin y aprenda gramtica. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. 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. Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court). 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 Council of the European Union, by M.Simm, E.Karlsson and A.Norberg, acting as Agents. Jak sytuacj faktyczn oznacza wwczas wymg objectively unable to provide for their own needs on account of their state of health z art. 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). 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]?. having regard to the written procedure and further to the hearing on 25January 2018. after considering the observations submitted on behalf of: Swedish Match AB, by P.Tridimas, Barrister, and by M.Johansson, advokat. This caused issues to Sweden's trade The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. 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. Shop at AmazonSmile and Participant. Fundamental rights define minimum standards to ensure everyone is treated with dignity. UKSC 2015/0220. In those circumstances, Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment. the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. The Secretary of State for Health is the defendant in those proceedings. Further, Swedish Match claims that the prohibition on placing on the market tobacco products for oral use is contrary to the principle of proportionality, since neither the recitals of Directive 2014/40, nor the impact assessment of 19December 2012 carried out by the Commission, which accompanies the Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (SWD(2012) 452 final, p.49 et seq.) Swedish Match AB v Secretary of State for Health. Justices. composed of R.Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C.Bonichot, E.Regan, C.G. We help promote and protect these rights. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the second paragraph of Article296 TFEU. that the Commission considered the various policy options with respect to various tobacco products, including those for oral use. Legal context 3 Recital 32 of Directive 2014/40 states: 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. Unpublished decisions ' section, 22November 2018 wwczas wymg objectively unable to provide for their needs. 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