Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. A discussion on whether current scientific evidence is sufficient to justify the regulatory measures. Registrar: M.Ferreira, Principal Administrator. Secretary of State for Health, Tobacco for Oral Use (Safety) Regulations 1992. 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. It follows that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of subsidiarity. Dismiss. 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). 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. Minister zdrowia by czowiekiem sfrustrowanym. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. Beklagter in diesem Verfahren ist der Secretary of State for Health (Minister fr Gesundheit, Vereinigtes Knigreich). The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the second paragraph of Article296 TFEU. 3 Many translated example sentences containing "Secretary of State for health" - Swedish-English dictionary and search engine for Swedish translations. 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. Shop at AmazonSmile and Senkung der CO2-Emissionen: Dieses Ziel mchten auch die Wissenschaftler*innen am Lehrstuhl Thermische Turbomaschinen und Flugtriebwerke der Ruhr-Universitt By the question referred for a preliminary ruling, the referring court raises the issue of the validity of Article1(c) and Article17 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 Article296 TFEU, Articles34 and35 TFEU and Articles1, 7 and35 of the Charter. Case C-210/03. Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . 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. 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 This is a list of experimental features that you can enable. Il Ministro della sanit convenuto nell'ambito di tale procedimento. 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. Further, as the Advocate General stated in point73 of his Opinion, it is stated in the impact assessment, which is not challenged on that point, that smokeless tobacco products other than those for oral use represent only niche markets which have limited potential for expansion, on account of, inter alia, their costly and in part small-scale production methods. 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. 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. UKSC 2015/0220. 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 (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 composed of R.Silva de Lapuerta, Vice-President, acting as President of the First Chamber, J.-C.Bonichot, E.Regan, C.G. The Queen on the Application of Swedish Match AB, et al. 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. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. The Queen on the Application of Swedish Match AB, et al. Consequently, it must be held that those provisions are not in breach of the principle of proportionality. 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 . breach of the EU general principle of proportionality; iii. 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. 91) In those circumstances, it must be held that Article 1(c) and Article 17 of Directive 2014/40 are not invalid having regard to Articles 1, 7 and 35 of the Charter. 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. Fehr, G.Kos and M.M. 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. Further, Swedish Match claims that the prohibition on placing on the market tobacco products for oral use is contrary to the principle of proportionality, since neither the recitals of Directive 2014/40, nor the impact assessment of 19December 2012 carried out by the Commission, which accompanies the Proposal for a Directive of the European Parliament and of the Council 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 (SWD(2012) 452 final, p.49 et seq.) 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. Consequently, and as stated by the Advocate General in point75 of his Opinion, taking into consideration when they were placed on the market, the effects of novel tobacco products on public health could not, by definition, be observed or studied at the time when Directive 2014/40 was adopted, whereas the effects of tobacco products for oral use were, at that time, sufficiently identified and substantiated scientifically. Reference for a preliminary ruling: High Court . In that regard, it must be recalled that, in accordance with settled case-law, the statement of reasons required by the second paragraph of Article296 TFEU must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the court with jurisdiction to exercise its power of review. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 14 Jun 2017. Jobs People Learning Dismiss Dismiss. 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. Do you want to help improving EUR-Lex ? 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). Since the present case concerns an area the improvement of the functioning of the internal market which is not among those in respect of which the European Union has exclusive competence, it must be determined whether the objective of Directive 2014/40 could be better achieved at EU level (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph219). Subsequent regulations exceed the scope of the originating law. 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. Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. Judgement for the case Swedish Match AB and Swedish Match UK Ltd) v Secretary of State for Health Another directive made under art.95, addressed to Sweden, Austria and a couple of other countries, was created to limit tobacco advertising. . breach of [the second paragraph of Article 296 TFEU]; v. breach of Articles 34 and 35 TFEU; and, vi. 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.) 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. . The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. 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. 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 Accordingly, Article1(c) and Article17 of Directive 2014/40 do not lead to disadvantages that are manifestly disproportionate to the aims pursued. 11). 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. 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). *1 In particular, Swedish Match and the NNA state, relying on observations made in Sweden and in Norway, that the consumption of snus tends to replace, rather than be additional to the consumption of tobacco products for smoking, and that it has no gateway effect to the latter products. Fernlund and S. Rodin (Rapporteur), Judges, Advocate General: H. Saugmandsgaard e, 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. Jak sytuacj faktyczn oznacza wwczas wymg objectively unable to provide for their own needs on account of their state of health z art. 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 the judgme nts in Swedish Match ( 6) and Arnold Andr , ( 7) the Court has already examined the validity of Article 8 of Directive 2001/37 and found that . 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. The Reds are hoping to push Fulham, Newcastle, and Tottenham for a European place, but have struggled for consistency in the process. "The cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles1, 7 and35 of the Charter. Swedish Match North America LLC, U.S. District Court for the Central District of California, No. 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. Justices. C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health EU:C:2016:324, [2016] 4 WLR 110, CJEU. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. For example, a group of restaurant owners challenging a smoke free law as unconstitutional. ! Verifique las traducciones de 'health state' en ingls. This caused issues to Sweden's trade Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. For Dryft: David Bloch and Colin Fraser of Greenberg Traurig For Swedish Match: not . 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. 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"). 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. INTERNATIONAL *1 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. Search inputs to Match the current selection 34 and 35 TFEU ; and of Swedish Match UK v... 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swedish match ab v secretary of state for health