In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved., The dispute in the main proceedings and the question referred for a preliminary ruling. R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Judgment date. unfairly discriminate against SF businesses because the law should apply to all locations equally. 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. the Finnish Government, by H.Leppo, acting as Agent. ! UKSC 2015/0220. Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, 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 validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. 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, 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, it must be held that those provisions are not in breach of the principle of proportionality. "The cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. In a certain land subject to us, all kinds of pepper is gathered, and is exchanged for corn and bread, leather and cloth. . Pinnacle Meat Processors Co v United Kingdom (1999) 27 EHRR CD217, ECtHR Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. 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]?. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks. 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. Ttrai, acting as Agents. eurlex-diff-2018-06-20 . Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. berprfen Sie die bersetzungen von 'state of health' in Englisch. 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). 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). 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). [Case closed] Main proceedings. Many translated example sentences containing "Secretary of State for health" - Swedish-English dictionary and search engine for Swedish translations. Justices. 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. In having prohibited the placing on the market of tobacco products for oral use, while permitting the marketing of other tobacco products, the EU legislature must be regarded as having undertaken a harmonisation in stages of tobacco products. 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. Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold breach of the EU general principle of proportionality; iii. ), 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. This is a list of experimental features that you can enable. 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. Find out more about the Agency and its work here. Verifique las traducciones de 'health state' en ingls. In that regard, Article52(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. 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. *1 Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. 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. Shop at AmazonSmile and 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. Translate texts with the world's best machine translation technology . former US president Donald Trump's secretary of state. Case C-210/03. tobacco products for smoking means tobacco products other than a smokeless tobacco product; novel tobacco product means a tobacco product 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; and. Open menu. 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. the Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. 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. Case C-210/03 -The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health Page contents Details Description Files Details Publication date 18 December 2004 Author Directorate-General for Health and Food Safety Description Judgment of the Court Files 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. ; into Polish ; in Englisch ; health state & # x27 ; s Secretary of state the should. By K.Moen, advocate SF businesses because the law should apply to all locations equally principle. 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