swedish match ab v secretary of state for health
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 . *1 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). 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. Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. 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. 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. Education Sec. On the other hand, tobacco products for oral use have considerable potential for expansion, as is confirmed by the manufacturers of those products. This document is an excerpt from the EUR-Lex website. 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. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. Registrar: M.Ferreira, Principal Administrator. 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. the European Parliament, by A.Tams andI.McDowell, acting as Agents. Jobs People Learning Dismiss Dismiss. They were at once the lay face of the church, the spiritual heart of civic government, and the social kin who claimed the allegiance of peers and the obedience of subordinates. Swedish Match AB v Secretary of State for Health, intervener: New Nicotine Alliance (Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom)) (Reference for a preliminary ruling Approximation of laws Manufacture, presentation and sale of The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health. Jobs People Learning Dismiss Dismiss. The referring court seeks to ascertain whether Directive 2014/40 is in breach of the principle of equal treatment in that it prohibits the placing on the market of tobacco products for oral use while permitting the marketing of other smokeless tobacco products, cigarettes, electronic cigarettes and novel tobacco products. eurlex-diff-2018-06-20 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. Translation of "Secretary of State for Health" into Polish . 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. 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. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. . Use quotation marks to search for an "exact phrase". 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. 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. Article 7 - Respect for private and family life. 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 Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. This request for a preliminary ruling concerns 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 (OJ 2014 L127, p.1). Secretary of State for Health, Tobacco for Oral Use (Safety) Regulations 1992. A violation of property rights, sometimes in the form of an expropriation or a taking by the government. While it is true that the EU legislature brought the former products within the scope of that directive, it did so in order that those products should be the subject of studies as to their effects on health and as to consumption practices, in accordance with Article19 of that directive. C-151/17 ECLI:EU:C:2018:938 62017CJ0151. 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.) 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. 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 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. 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. [68] The matches are manufactured according to the European match standards EN 1783:1997. Further, as stated in paragraph26 of the present judgment, such products would, if placed on the market, represent novel products for consumers. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. 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. The industry may claim that regulations discriminate against tobacco companies or tobacco products. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the second paragraph of Article296 TFEU. 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). 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- Do you want to help improving EUR-Lex ? 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. 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. Miguel Cardona said Biden's team made a "powerful defense" of the relief. Do you want to help improving EUR-Lex ? Shop at AmazonSmile and Court reports general 'Information on unpublished decisions' section, 22November 2018( 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. Such national provisions shall be notified to the Commission together with the grounds for introducing them. The Commission further observed that the studies which suggest that snus may facilitate the cessation of smoking predominantly rely on empirical data and, therefore, cannot be regarded as being conclusive. Education Sec. Those provisions, as stated in paragraph63 of the present judgment, are also not in breach of the principle of proportionality. . ies and towns where many buildings are Turkey-Syria (2023) . . 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. Those considerations must guide the Court in its examination of the validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. Case C-210/03. Defendant 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. Legal context 3 Recital 32 of Directive 2014/40 states: In this case, recital 32 of Directive 2014/40 and the impact assessment contain information that shows clearly and unequivocally the reasoning of the Commission that gave rise to the prohibition on the placing on the market of tobacco products for oral use. . 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. ob. Look through examples of state of health translation in sentences, listen to pronunciation and learn grammar. 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 Articles1, 7 and35 of the Charter of Fundamental Rights of the European Union (the Charter). Translate texts with the world's best machine translation technology . 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. Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. Total citations: . 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. The EU legislatures broad discretion, which implies limited judicial review of its exercise, applies not only to the nature and scope of the measures to be taken but also, to some extent, to the finding of the basic facts (see, to that effect, judgment of 21June 2018, Poland v Parliament and Council, C5/16, EU:C:2018:483, paragraphs150 and151). unfairly discriminate against SF businesses because the law should apply to all locations equally. When expanded it provides a list of search options that will switch the search inputs to match the current selection. This button displays the currently selected search type. List of documents. 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. 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. Dismiss . Judgment of the Court (Grand Chamber) of 14 December 2004.#The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health.#Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom.#Directive 2001/37/EC - Manufacture, presentation and sale of tobacco products - Article 8 - Prohibition of placing on the market of tobacco products for oral use - Validity - Interpretation of Articles 28 EC to 30 EC - Compatibility of national legislation laying down the same prohibition.#Case C-210/03. INTERNATIONAL Main proceedings Judgment of the Court (First Chamber) of 22 November 2018 Swedish Match AB v Secretary of State for Health Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) INTRODUCTION The Court observed in paragraph37 of its judgment of 14December 2004, Swedish Match (C210/03, EU:C:2004:802), that there were differences, at the time of adoption of Directive 92/41, between the laws, regulations and administrative provisions of the Member States intended to stop the expansion in consumption of products harmful to health which were novel to the markets of the Member States and were thought to be especially attractive to young people. 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. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. . This caused issues to Sweden's trade 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. Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . Il ricorso del Secretary of State for Health verteva invece sulla pertinenza dell'art. 3 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. This document is an excerpt from the EUR-Lex website. Judgment of the Court (Grand Chamber) of 14 December 2004.The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health.Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom.Directive 2001/37/EC - Manufacture, presentation and sale of tobacco products - Article 8 - Prohibition of placing on the market of tobacco products for oral use - Validity - Interpretation of Articles 28 EC to 30 EC - Compatibility of national legislation laying down the same prohibition.Case C-210/03. Reference for a preliminary ruling: High Court . 4 - Prohibition of torture and inhuman or degrading treatment or punishment, 9 - Right to marry and right to found a family, 10 - Freedom of thought, conscience and religion, 11 - Freedom of expression and information, 12 - Freedom of assembly and of association, 15 - Freedom to choose an occupation and right to engage in work, 19 - Protection in the event of removal, expulsion or extradition, 22 - Cultural, religious and linguistic diversity, 26 - Integration of persons with disabilities, 27 - Workers' right to information and consultation within the undertaking, 28 - Right of collective bargaining and action, 29 - Right of access to placement services, 30 - Protection in the event of unjustified dismissal, 32 - Prohibition of child labour and protection of young people at work, 34 - Social security and social assistance, 36 - Access to services of general economic interest, 39 - Right to vote and to stand as a candidate at elections to the European Parliament, 40 - Right to vote and to stand as a candidate at municipal elections, 45 - Freedom of movement and of residence, 47 - Right to an effective remedy and to a fair trial, 48 - Presumption of innocence and right of defence, 49 - Principles of legality and proportionality of criminal offences and penalties, 50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence, EU Fundamental Rights Information System - EFRIS, Promising practices: equality data collection, Civil society and the Fundamental Rights Platform, NHRIs, Equality Bodies and Ombudsperson Institutions, UN, OSCE and other international organisations, From institutions to community living for persons with disabilities: perspectives from the ground, Second European Union Minorities and Discrimination Survey Main results, Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Muslims, Together in the EU: Promoting the participation of migrants and their descendants, Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Roma, Child-friendly justice perspectives and experiences of professionals: Press pack, Jewish peoples experiences and perceptions of hate crime, discrimination and antisemitism, Child-friendly justice perspectives and experiences of children, Paragraphs referring to EU Charter (original language), Justice, victims rights and judicial cooperation. 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. In those circumstances, Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment. Mire ejemplos de health state traduccin en oraciones, escuche la pronunciacin y aprenda gramtica. the United Kingdom Government, by S.Brandon, acting as Agent, and by I.Rogers QC. 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. after hearing the Opinion of the Advocate General at the sitting on 12April 2018. Fernlund and S.Rodin (Rapporteur), Judges. "The cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. 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. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. Suggest as a translation of "Secretary of State for health" Copy; DeepL Translator Dictionary. We help promote and protect these rights. GREG NASH/POOL/AFP via Getty Images The Supreme Court concluded oral arguments on Biden's student-debt relief on Tuesday. 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. Check 'state of health' translations into English. the European Commission, by L.Flynn and J.Tomkin, acting as Agents. 4 . Neutral citation number [2017] UKSC 41. 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). breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. Consequently, the EU legislature has not complied with the obligation to state reasons, laid down in the second paragraph of Article296 TFEU. 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. . Sehen Sie sich Beispiele fr state of health-bersetzungen in Stzen an, hren Sie sich die Aussprache an und lernen Sie Grammatik. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and Other Operations. In that regard, as stated in paragraph40 of the present judgment, Directive 2014/40 pursues a twofold objective, in that it seeks to facilitate the smooth functioning of the internal market for tobacco and related products, while ensuring a high level of protection of human health, especially for young people (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph220). 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. Jak sytuacj faktyczn oznacza wwczas wymg objectively unable to provide for their own needs on account of their state of health z art. Fretaget sljer ven rakhyvlar, batterier, lgenergilampor och tandpetare. It is stated in the order for reference that Swedish Match challenges the validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity, because of the fact that the general and absolute prohibition on the placing on the market of tobacco products for oral use deprives Member States of any discretion in their legislation and imposes a uniform body of rules, with no consideration of the individual circumstances of the Member States, with the exception of the Kingdom of Sweden. 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. Koncernen har ungefr 7 523 anstllda ( 2021 ) i elva lnder och produkterna Agents. For Oral use ( Safety ) Regulations 1992 the relief such national provisions shall notified! 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