swedish match ab v secretary of state for health

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 Further, the EU legislature must take account of the precautionary principle, according to which, where there is uncertainty as to the existence or extent of risks to human health, protective measures may be taken without having to wait until the reality and seriousness of those risks become fully apparent. This button displays the currently selected search type. [Case closed] Main proceedings. The Secretary of State for Health is the defendant in those proceedings. This caused issues to Sweden's trade The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of subsidiarity. all exact any . . A violation of the right to equal protection under the law, or another form of discrimination. 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. A violation of the right to carry on trade, business, or profession of a persons choice. 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. 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). Ministrowie zdrowia Wielkiej Brytanii is the translation of "Secretary of State for Health" into Polish. 2023 Campaign for Tobacco-Free Kids|Trademarks|Copyright|Privacy. Nor can the prohibition be justified by the novelty of snus, since novel tobacco products are not prohibited by Directive 2014/40, under Article2(14) thereof, notwithstanding that there is no scientific track record and that those products may have potential adverse health effects. 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 . "The cries of the survivors soon summoned Reymond, who, apparently, found no difficulty in descending alone from the upper camp. 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. Education Sec. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free. 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). Koncernen har ungefr 7 523 anstllda (2021) i elva lnder och produkterna . Senkung der CO2-Emissionen: Dieses Ziel mchten auch die Wissenschaftler*innen am Lehrstuhl Thermische Turbomaschinen und Flugtriebwerke der Ruhr-Universitt 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. Further, according to Swedish Match, such an approach was not necessary, as demonstrated by the fact that Article24(3) of that directive grants to each Member State the option of prohibiting, on grounds relating to its specific situation, this or that category of tobacco or related products. Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court). Don't forget to give your feedback! 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. 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. 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. 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). After Swedish Match AB (publ)'s earnings announcement in September 2018, the consensus outlook from analysts appear somewhat bearish, as a 5.8% rise in profits is expected in the upcoming year . 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). 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. C-210/03 - Swedish Match. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons for a measure meets the requirements of the second paragraph of Article296 TFEU must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (judgment of 17March 2011, AJD Tuna, C221/09, EU:C:2011:153, paragraph58). Swedish Match challenged the ban of snus (tobacco for oral use) in the EU and failed before Now it sought to challenge the prohibition again in light of scientific developments One ground of challenge was whether then Article 95 EC (now Article 114 TFEU) is the appropriate legal basis for the directive Outcome The Court further held, among other things, that: (1) adoption of the Directive was supported by sufficient scientific evidence; (2) the Directive satisfied the principle of proportionality; (3) sufficient reasons existed to treat oral tobacco differently from chewed tobacco at the time of the Directive's adoption; (4) a claim to a right to property could not be based upon denial of a market share; and (5) the Directive's interference with the freedom to pursue an economic activity was justified by the concerns guiding adoption of the Directive. (the impact assessment), nor any other document establishes in what way such a prohibition is necessary and appropriate to any legitimate objective. 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. Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom. 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). Oct 20 (Reuters) - Marlboro maker Philip Morris International Inc (PM.N) on Thursday raised its buyout bid for Swedish Match AB (SWMA.ST) in a last-ditch effort to get backing for its $16 billion . 2:22-cv-05355. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. . A discussion on whether current scientific evidence is sufficient to justify the regulatory measures. 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 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. These cases frequently involve the industry proceeding against the government. 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. The validity of Article1(c) and Article17 of Directive 2014/40 having regard to the principle of proportionality. 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. UKSC 2015/0220. Join now Sign in Dr. Suwanna Gauntlett's Post Dr. Suwanna Gauntlett Chief Executive Officer at Wildlife Alliance . Moreover, tobacco products for oral use are particularly dangerous for minors because of the fact that their consumption is hardly noticeable. . 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. Case C-151/17 Swedish Match AB v Secretary of State for Health Page contents Details Description Files Details Publication date 22 November 2018 Author Directorate-General for Health and Food Safety Description Judgment of the Court Files Case C-151/17 Swedish Match AB v Secretary of State for Health English (219.72 KB - HTML) Download 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. 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, it follows from paragraph34 of the present judgment that Article1(c) and Article17 of Directive 2014/40 are not in breach of the principle of equal treatment on the ground that the treatment of tobacco products for oral use differs from the treatment of other tobacco and related products. Given that, if the prohibition on placing on the market tobacco products for oral use were to be lifted, the positive effects would be uncertain with respect to the health of consumers seeking to use those products as an aid to the cessation of smoking and, moreover, there would be risks to the health of other consumers, particularly young people, requiring the adoption, in accordance with the precautionary principle, of restrictive measures, Article1(c) and Article17 of Directive 2014/40 cannot be regarded as being manifestly inappropriate to the objective of ensuring a high level of public health. Case ID. Moreover, Swedish Match claims that there is no evidence to support the idea that the consumption of tobacco products for oral use is a gateway that leads to smoking tobacco. 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. *1 Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. 1 Eg Case C-210/03 Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health [2004] ECR I-11893. The Queen on the Application of Swedish Match AB, et al. This right may also be called the right to free enterprise or economic freedom. It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and. Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. ) Language of the case: English. 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. 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. Translation of "Secretary of State for Health" into Polish . 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. 2 European Communities Certain Measures Prohibiting the Importation and Marketing of Seal Products, DS369, DS400, DS401. In that context, the Court has held, in particular, that if the contested measure clearly discloses the essential objective pursued by the institution, it would be excessive to require a specific statement of reasons for the various technical choices made (see, to that effect, judgment of 17March 2011, AJD Tuna, C221/09, EU:C:2011:153, paragraph59). 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. Publisher's summary: Confraternities were the most common form of organized religious life in medieval and early modern Europe. EN. 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. 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. 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