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. C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health EU:C:2016:324, [2016] 4 WLR 110, CJEU. A violation of the right to equal protection under the law, or another form of discrimination. Join now Sign in Dr. Suwanna Gauntlett's Post Dr. Suwanna Gauntlett Chief Executive Officer at Wildlife Alliance . the Hungarian Government, by M.Z. 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. 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. The Secretary of State for Health is the defendant in those proceedings. ** I. The objective of this Directive is to approximate the laws, regulations and administrative provisions of the Member States concerning: the prohibition on the placing on the market of tobacco for oral use; For the purpose of this Directive, the following definitions shall apply: smokeless tobacco product means a tobacco product not involving a combustion process, including chewing tobacco, nasal tobacco and tobacco for oral use; tobacco for oral use means all tobacco products for oral use, except those intended to be inhaled or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets. 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. These cases frequently involve the industry proceeding against the government. This button displays the currently selected search type. Use quotation marks to search for an "exact phrase". Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. Total citations: . 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. Subsequent regulations exceed the scope of the originating law. . Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. Search result: 2 case (s) 2 documents analysed. Dismiss . This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity. the Council of the European Union, by M.Simm, E.Karlsson and A.Norberg, acting as Agents. Miguel Cardona said Biden's team made a "powerful defense" of the relief. 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). Do you want to help improving EUR-Lex ? . The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. 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. 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). INTRODUCTION 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. 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). 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)) 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 Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. ) Language of the case: English. 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. 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. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of equal treatment. Fernlund and S.Rodin (Rapporteur), Judges. . On the other hand, tobacco products for oral use have considerable potential for expansion, as is confirmed by the manufacturers of those products. 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. Tony Evers today announced his appointment of Kirsten Johnson to serve as secretary of the Wisconsin Department of Health Services . For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . Court reports general 'Information on unpublished decisions' section, 22November 2018( MADISON Gov. 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.) 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. Fehr, G.Kos and M.M. When expanded it provides a list of search options that will switch the search inputs to match the current selection. berprfen Sie die bersetzungen von 'state of health' in Englisch. 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. eurlex-diff-2018-06-20 It follows from the foregoing that those provisions do not involve restrictions that are disproportionate to the twofold objective pursued by Directive 2014/40, namely to facilitate the smooth functioning of the internal market in tobacco and related products and to ensure a high level of protection of public health. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. 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). Such national provisions shall be notified to the Commission together with the grounds for introducing them. Reference for a preliminary ruling: High Court . Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. Do you want to help improving EUR-Lex ? 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). 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. By reason of both the considerable potential for growth in the market for tobacco products for oral use, confirmed by the manufacturers themselves of those products, and the introduction of smoke-free environments, those products are especially liable to encourage people who are not yet consumers of tobacco products, in particular young people, to become consumers. Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. 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