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.
R (on the application of British American Tobacco UK Ltd) v. Secretary of State for Health [2014] EWHC 3515 (Admin)
United Kingdom
Oct 24, 2014
High Court of Justice, Queen's Bench Division, Administrative Court
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
The court might consider procedural matters without touching the merits of the case. 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.
Subsequent regulations exceed the scope of the originating law.
Type of Tobacco Product
None
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"My reasons in summary are:
i) the court’s powers under CPR 54.17 cover a very wide range of circumstances including those in which the participation of the intervener may be specifically restricted to the filing of very limited evidence. Such a narrow involvement, should not, in my view lead mechanistically to an absolute entitlement to participate in the reference to the CJEU.
ii) It is clear from the decision of the President in the Football Association case and the wording of and purposes behind the new Rules of Procedure of the CJEU that some level of proportionate restraint should be exercised and encouraged on the part of domestic courts in the categorisation of all those anxious to participate as “parties”.
iii) It must not be forgotten that nowhere do the CPR refer to the concept of “intervener”. The term is really no more than a convenient shorthand to identify someone to whom the court has given permission to be heard under CPR 54.17. In contrast, to become a party involves the acquisition of a status the consequences of which are set out in detail, particularly under CPR19."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.