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). Measures to regulate the marketing on tobacco packages. 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. after hearing the Opinion of the Advocate General at the sitting on 12April 2018. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of equal treatment. Total citations: . Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). 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. Don't forget to give your feedback! 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- 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. 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. In those circumstances, Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment. 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Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. C-151/17 ECLI:EU:C:2018:938 62017CJ0151. 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. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. *1 These cases frequently involve the industry proceeding against the government. We help promote and protect these rights. that the Commission considered the various policy options with respect to various tobacco products, including those for oral use. Open menu. Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. In this case, even if there is considerable potential for growth in the market for tobacco products for oral use, the economic consequences deriving from the prohibition on the placing on the market of such products remain, in any event, uncertain, since, at the time when Directive 2014/40 was adopted, those products were not present on the market of the Member States subject to Article17 of Directive 2014/40. unfairly discriminate against SF businesses because the law should apply to all locations equally. This is a list of experimental features that you can enable. This caused issues to Sweden's trade 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.. Fehr, G.Kos and M.M. 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. Consequently, that provision cannot, per se, demonstrate that the objectives of that directive could be adequately achieved by the Member States. Case C-210/03. Such a prohibition is an unsuitable means of achieving the objective of public health protection, since it deprives consumers who want to avoid the consumption of cigarettes and other tobacco products for smoking of the option of using a less toxic product, as shown by the success of electronic cigarettes and the scientific evidence on the harmful effects of tobacco in Sweden. When expanded it provides a list of search options that will switch the search inputs to match the current selection. *1 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. 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. 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 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. Defendant Court reports general 'Information on unpublished decisions' section, 22November 2018( Dismiss. Suggest as a translation of "Secretary of State for health" Copy; DeepL Translator Dictionary. 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). The Queen on the Application of Swedish Match AB, et al. The prohibition on placing tobacco products for oral use on the market also constitutes, according to Swedish Match, an unjustified restriction on the free movement of goods, since it is contrary to the principles of non-discrimination and proportionality and in breach of the obligation to state reasons. R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Judgment date. 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. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. Sehen Sie sich Beispiele fr state of health-bersetzungen in Stzen an, hren Sie sich die Aussprache an und lernen Sie Grammatik. the Hungarian Government, by M.Z. . 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. 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). 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 validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles1, 7 and35 of the Charter. the Council of the European Union, by M.Simm, E.Karlsson and A.Norberg, acting as Agents. Mire ejemplos de health state traduccin en oraciones, escuche la pronunciacin y aprenda gramtica. LEGAL CONSORTIUM, Directive 2001/37/EC, Tobacco Products Directive, Challenge to Government Policies Relating to Tobacco Control/Public Health. 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. ), 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. Unlike public interest litigation, these cases seek to weaken health measures. Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) 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. [68] The matches are manufactured according to the European match standards EN 1783:1997. 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. Education Sec. Even if the second of those objectives might be better achieved at the level of Member States, the fact remains that pursuing it at that level would be liable to entrench, if not create, situations in which, as stated in paragraph58 of the present judgment, some Member States permit the placing on the market of tobacco products for oral use, while other Member States prohibit it, thereby running completely counter to the first objective of Directive 2014/40, namely the improvement of the functioning of the internal market for tobacco and related products (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph221). Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. 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. the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. Check 'Secretary of State for Health' translations into Swedish. 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 . Swedish Match is a public limited liability company established in Sweden which primarily markets smokeless tobacco products and, in particular, snus. Judgment details. 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). Moreover, tobacco products for oral use are particularly dangerous for minors because of the fact that their consumption is hardly noticeable. 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. En oraciones, escuche la pronunciacin y aprenda gramtica Queen on the of. And might reduce EUR-Lex stability, Article1 ( c ) and Article17 of Directive having. Are not fully tested, and dissolvable tobacco products and, in particular snus! Match standards en 1783:1997 A.Norberg, acting as Agent, and dissolvable tobacco that... 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