Reference for a preliminary ruling: High Court . It is apparent from the order for reference that Swedish Match and the NNA claim that Article1(c) and Article17 of Directive 2014/40 are in breach of Articles1, 7 and35 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. 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 Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. 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). unfairly discriminate against SF businesses because the law should apply to all locations equally. Swedish Match I: Case C-210/03, R (Swedish Match AB) v Secretary of State for Health ( "Swedish Match I") EU:C:2004:802 was a challenge to Directive 2001/37/EC, which prohibited the sale of oral tobacco in UK, couldn't buy or sell unless it's Sweden. 11). Moreover, Swedish Match claims that there is no evidence to support the idea that the consumption of tobacco products for oral use is a gateway that leads to smoking tobacco. . That is not a necessary approach, as indicated by the fact that Directive 2014/40 itself leaves to the Member States a degree of discretion in the adoption of their legislation in relation to other tobacco products. This document is an excerpt from the EUR-Lex website. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. The interdependence of the two objectives pursued by that directive means that the EU legislature could legitimately take the view that it had to establish a set of rules for the placing on the EU market of tobacco products for oral use and that, because of that interdependence, that twofold objective could best be achieved at EU level (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph222). 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. 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. C-547/14 Philip Morris Brands SARL v Secretary of State for Health, EU:C:2016:325, [2016] ETMR 36, CJEU. 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. 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.. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. Neutral citation number [2017] UKSC 41. The Court held that those products, although they are not fundamentally different in their composition or indeed their intended use from tobacco products intended to be chewed, were not in the same situation as the latter products by reason of the fact that the tobacco products for oral use which were the subject of the prohibition laid down in Article8a of Directive 89/622 and repeated in Article8 of Directive 2001/37 were new to the markets of the Member States subject to that measure (judgments of 14December 2004, Swedish Match, C210/03, EU:C:2004:802, paragraph71, and of 14December 2004, Arnold Andr, C434/02, EU:C:2004:800, paragraph69). Miguel Cardona. 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. 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]?. 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. Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. Article 7 - Respect for private and family life. Case C-210/03. Fretaget sljer ven rakhyvlar, batterier, lgenergilampor och tandpetare. 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. For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . This button displays the currently selected search type. The Secretary of State for Health is the defendant in those proceedings. 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. The Queen on the Application of Swedish Match AB, et al. 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 . Education Sec. 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. 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. 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. INTERNATIONAL Swedish Match AB v Secretary of State for Health, intervening party: New Nicotine Alliance, THE COURT (First Chamber), composed of R. Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C. Bonichot, E. Regan, C.G. Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court). In that context, the Court has held, in particular, that if the contested measure clearly discloses the essential objective pursued by the institution, it would be excessive to require a specific statement of reasons for the various technical choices made (see, to that effect, judgment of 17March 2011, AJD Tuna, C221/09, EU:C:2011:153, paragraph59). the European Commission, by L.Flynn and J.Tomkin, acting as Agents. 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 . In England and Wales the Secretary of State for Health is responsible for the provision of a comprehensive national health service. . Total citations: . Translate texts with the world's best machine translation technology . Registrar: M.Ferreira, Principal Administrator. MADISON Gov. 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. Consequently, it must be held that those provisions are not in breach of the principle of proportionality. Further, according to Swedish Match, the prohibition of tobacco products for oral use cannot be justified on public health grounds since the current scientific data, not available at the time of adoption of Council Directive 92/41/EEC of 15May 1992 amending Directive 89/622 (OJ 1992 L158, p.30), demonstrates that those products are at the lower end of the risk scale in terms of adverse health effects as compared with other smokeless tobacco products. 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. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. "The cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. A violation of the right to carry on trade, business, or profession of a persons choice. 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. 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. 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. Jobs People Learning Dismiss Dismiss. Do you want to help improving EUR-Lex ? Unlike public interest litigation, these cases seek to weaken health measures. 3 ! 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. 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. Conversely, less restrictive measures, such as those laid down for other tobacco products in Directive 2014/40, in particular the strengthening of health warnings and the prohibition on flavoured tobacco, do not appear to be equally appropriate to achieving the objective pursued. 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. 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. 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. 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. Dismiss. UKSC 2015/0220. [Case closed] Main proceedings. As regards the appropriateness of the prohibition on the placing on the market of tobacco products for oral use to attaining the objective of ensuring a high level of protection of public health, it must be recalled that that appropriateness cannot be assessed solely in relation to a single category of consumers (see, to that effect, judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph176). Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) 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. 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. Miguel Cardona said Biden's team made a "powerful defense" of the relief. Fernlund and S.Rodin (Rapporteur), Judges. the Hungarian Government, by M.Z. Moreover, tobacco products for oral use are particularly dangerous for minors because of the fact that their consumption is hardly noticeable. Fehr, G.Kos and M.M. . INTRODUCTION Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes. 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. It is apparent from the order for reference that Swedish Match claims that Directive 2014/40 provides no specific and consistent explanation of the selective prohibition of tobacco products for oral use and adds that nor is such an explanation apparent from the context of that directive. Court reports general 'Information on unpublished decisions' section, 22November 2018( 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. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. 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