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. This caused issues to Sweden's trade Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products. In that regard, it must be recalled that the authors of the Treaty intended to confer on the EU legislature a discretion, depending on the general context and the specific circumstances of the matter to be harmonised, as regards the method of approximation most appropriate for achieving the desired result, in particular in fields with complex technical features. According to settled case-law, the principle of equal treatment requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (judgment of 7March 2017, RPO, C390/15, EU:C:2017:174, paragraph41). 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. Look through examples of Secretary of State for Health translation in sentences, listen to pronunciation and learn grammar. . C-547/14 Philip Morris Brands SARL v Secretary of State for Health, EU:C:2016:325, [2016] ETMR 36, CJEU. 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). In this case, it must be observed that Directive 2014/40 pursues, according to Article1 thereof, a twofold objective of facilitating the smooth functioning of the internal market for tobacco and related products while taking as a base a high level of protection of human health, especially for young people (judgment of 4May 2016, Poland v Parliament and Council, C358/14, EU:C:2016:323, paragraph80). 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. 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. Legal context 3 Recital 32 of Directive 2014/40 states: 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. Translate texts with the world's best machine translation technology . 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. 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). Jobs People Learning Dismiss Dismiss. The interdependence of the two objectives pursued by that directive means that the EU legislature could legitimately take the view that it had to establish a set of rules for the placing on the EU market of tobacco products for oral use and that, because of that interdependence, that twofold objective could best be achieved at EU level (judgment of 4May 2016, Philip Morris Brands and Others, C547/14, EU:C:2016:325, paragraph222). [Case closed] Main proceedings. Translation of "Secretary of State for Health" into Polish . 2 European Communities Certain Measures Prohibiting the Importation and Marketing of Seal Products, DS369, DS400, DS401. 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. . 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). Measures to regulate the marketing on tobacco packages. Dismiss. Join now Sign in Dr. Suwanna Gauntlett's Post Dr. Suwanna Gauntlett Chief Executive Officer at Wildlife Alliance . 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. In that context, it remains likely that Member States may be led to adopt various laws, regulations and administrative provisions designed to bring to an end the expansion in the consumption of tobacco products for oral use. Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Pinnacle Meat Processors Co v United Kingdom (1999) 27 EHRR CD217, ECtHR Suggest as a translation of "Secretary of State for health" Copy; DeepL Translator Dictionary. Swedish Match AB engages in the manufacture and trade of lighters and tobacco products. Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold 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. Education Sec. 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 . 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. 49 CE per il caso della sig.ra Watts. Check 'state of health' translations into English. 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. Defendant It operates through the following segments: Snus and Moist Snuff; Other Tobacco Products; Lights; and Other Operations. (See FCTC Art. The validity of Article1(c) and Article17 of Directive2014/40 having regard to Articles34 and35 TFEU. But it never got off the ground. 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 tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks. A violation of the right to equal protection under the law, or another form of discrimination. 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. Case C-210/03. 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. 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. Snus forms part, together with other tobacco harm reduction products, already available in the United Kingdom, of a coherent tobacco harm reduction strategy. 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. Il Ministro della sanit convenuto nell'ambito di tale procedimento. v. Secretary of State for Health A snus manufacturer challenged on several bases the validity of a provision in Directive 2001/37/EC that directs member states to prohibit the marketing of any tobacco products designed for oral use, except those tobacco products designed to be smoked or . Swedish Match North America LLC, U.S. District Court for the Central District of California, No. The Queen on the Application of Swedish Match AB, et al. the Finnish Government, by H.Leppo, acting as Agent. 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.) Look through examples of state of health translation in sentences, listen to pronunciation and learn grammar. . Pine Valley Developments v Ireland (A/222) (1992) 14 EHRR 319, ECtHR. 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. Dismiss . Fehr, G.Kos and M.M. Find out more about the Agency and its work here. 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. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 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 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. 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. 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. This right may also be called the right to free enterprise or economic freedom. 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. 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). 36, CJEU the Agency and its work here Snus and Moist Snuff ; Other tobacco Products any legislative regulatory. Machine translation technology s best machine translation technology sentences, listen to pronunciation learn... 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