LANGUAGE

R (on the application of British American Tobacco UK Ltd) v. Secretary of State for Health

This decision related to the challenges by British American Tobacco UK Limited ("BAT"), Philip Morris Brands Sàrl and Philip Morris Limited to the European Union's Revised Tobacco Products Directive (Directive 2014/40/EU)("the Directive"). Each of the companies brought claims by way of judicial review seeking to prevent the transposition of the Directive into the domestic law of the United Kingdom on the basis that the Directive was invalid. The Secretary of State for Health, although contending that the Directive was valid, agreed that it would be appropriate for the Administrative Court to seek a preliminary ruling from the Court of Justice of the European Union ("CJEU").

In this decision, the Administrative Court considered an application by a Polish tobacco association - the Polish National Association of Tobacco Growers (Krajowy Zwiazek Plantatorow Tytoniu ("KZPT")) - to intervene in the claim. Despite the support of BAT, the Court refused KZPT's application on the basis that, among other things, it was unlikely that KZPT's intervention would significantly assist in the drafting of the reference to the CJEU.

Note: in a subsequent decision, distinguishing KZPT's circumstances, the Court granted an application by several other parties to intervene in the case.