The Queen v. Secretary of State for Health, ex parte British American Tobacco (Investments) Ltd., et al.

The High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) referred questions concerning the validity and reach of Directive 2001/37/EC of the European Parliament to the Court of Justice of the European Union. Directive 2001/37/EC standardized member-state regulations pertaining to the manufacture and labeling of tobacco products in an effort to promote the internal efficacy of the market and a high level of public health. The Court held, among other things, that the Directive was properly enacted within the authority vested in the European Parliament by Article 95 EC and that the Directive did not violate the proportionality principle, property rights, the obligation to give reasons, or the subsidiarity principle. 

The Queen v. Secretary of State for Health, ex parte British American Tobacco (Investments) Ltd., et al., Case C-491/01, Court of Justice of the European Union (2002).

  • European Union
  • Dec 10, 2002
  • Court of Justice of the European Union
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Parties

Plaintiff The Queen

Defendant

  • British American Tobacco (Investments) Ltd.
  • Imperial Tobacco Ltd.
  • Secretary of State for Health

Third Party

  • Japan Tobacco, Inc. (Intervenor)
  • JT International SA (Intervenor)

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"The fact is that since the Community legislature made exhaustive provision in Directive 90/239 over the question of fixing the maximum tar yield of cigarettes, the Member States no longer had the power to enact individual rules in that area. As the Advocate General has observed in paragraph 124 of his Opinion, the Community legislature can properly carry out its task of safeguarding the general interests recognised by the Treaty, such as public health, only if it has the freedom to amend the relevant Community legislation so as to take account of any change in perceptions or circumstances. It follows that, even where a provision of Community law guarantees the removal of all obstacles to trade in the area it harmonises, that fact cannot make it impossible for the Community legislature to adapt that provision in step with other considerations. With regard in particular to the protection of public health, it follows from Article 95(3) EC that the Community legislature, in harmonising the legislation, must guarantee a high level of protection, taking particular account of any new development based on scientific facts."
"It follows that the Directive genuinely has as its object the improvement of the conditions for the functioning of the internal market and that it was, therefore, possible for it to be adopted on the basis of Article 95 EC, and it is no bar that the protection of public health was a decisive factor in the choices involved in the harmonising measures which it defines."