Case C-151/17, Swedish Match AB v Secretary of State for Health, ECLI:EU: C:2018:938 The prohibition on the placing on the market of tobacco for oral use is not in breach of the EU general principles of non-discrimination, proportionality and subsidiarity, of Articles 296, 34 and 35 TFEU and of Articles 1, 7 and 35 of the Charter. Accordingly, the criterion to be applied is not whether a measure adopted in such an area was the only or the best possible measure, since its legality can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institutions are seeking to pursue (see, to that effect, judgment of 4May 2016, Pillbox 38, C477/14, EU:C:2016:324, paragraph49). Delivered in open court in Luxembourg on 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 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. Tobacco products for oral use remain harmful to health, are addictive and are attractive to young people. breach of Article 5(3) TEU and the EU principle of subsidiarity; iv. 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. Judgment details. 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. Article 7 - Respect for private and family life. Those provisions, as stated in paragraph63 of the present judgment, are also not in breach of the principle of proportionality. . 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. 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. ies and towns where many buildings are Turkey-Syria (2023) . Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. 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. 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). 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. 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. Swedish Match, one of the biggest manufacturers of tobacco for oral use, raised the invalidity under EU law of the prohibition of snus in a challenge before a British court of the national transposition measure. 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. 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. v. Secretary of State for Health, Case C-210/03, Court of Justice of the European Union (2004). Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . Such national provisions shall be notified to the Commission together with the grounds for introducing them. Fernlund and S.Rodin (Rapporteur), Judges. breach of Articles 1, 7 and 35 of [the Charter]?. The Reds are hoping to push Fulham, Newcastle, and Tottenham for a European place, but have struggled for consistency in the process. 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. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. In his defence, the Secretary of State for Health considers that a reference to the Court for a preliminary ruling on the validity of Article1(c) and Article17 of Directive 2014/40 is appropriate, and states, in particular, that the Court alone has the power to declare that a directive or a part of it is invalid. the Norwegian Government, by M.Reinertsen Norum, acting as Agent, and by K.Moen, advocate. Look through examples of Secretary of State for Health translation in sentences, listen to pronunciation and learn grammar. 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).#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.#Case C-151/17. Ttrai, acting as Agents. (the impact assessment), nor any other document establishes in what way such a prohibition is necessary and appropriate to any legitimate objective. Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) 3 European Communities - Certain Measures Affecting Poultry Meat and Poultry Meat Pro- 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. With respect to the objective of facilitating the smooth functioning of the internal market of tobacco and related products, it must be stated that the prohibition on the placing on the market of tobacco products for oral use laid down by those provisions is also appropriate to facilitating the smooth functioning of the internal market of tobacco and related products. Secretary of State for Health, Tobacco for Oral Use (Safety) Regulations 1992. Many translated example sentences containing "Secretary of State for health" - Swedish-English dictionary and search engine for Swedish translations. 3 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. former US president Donald Trump's secretary of state. breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. 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. 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. the Hungarian Government, by M.Z. A violation of the right to equal protection under the law, or another form of discrimination. berprfen Sie die bersetzungen von 'state of health' in Englisch. List of documents. The Snus and Moist Snuff segment produces and markets smokeless cigarettes. 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). What is the EU Charter of Fundamental Rights? 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. 2023 Campaign for Tobacco-Free Kids|Trademarks|Copyright|Privacy. A discussion on whether current scientific evidence is sufficient to justify the regulatory measures. ob. 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. In a certain land subject to us, all kinds of pepper is gathered, and is exchanged for corn and bread, leather and cloth. Jobs People Learning Dismiss Dismiss. 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. eurlex-diff-2018-06-20 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. Article24(3) of Directive 2014/40 therefore concerns an aspect which is not covered by the harmonisation measures in that directive (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph90). The prohibition of the sale of tobacco for oral use should be maintained in order to prevent the introduction in the Union (apart from Sweden) of a product that is addictive and has adverse health effects. 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. 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. 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. 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. ! the European Commission, by L.Flynn and J.Tomkin, acting as Agents. C-151/17 ECLI:EU:C:2018:938 62017CJ0151. Justices. Defendant It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. In those judgments, the Court held that the particular situation of the tobacco products for oral use referred to in Article2 of Directive 2001/37 permitted a difference in their treatment, and it could not validly be argued that there was a breach of the principle of non-discrimination. 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. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. Neutral citation number [2017] UKSC 41. 2:22-cv-05355. 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