R (on the application of Philip Morris Brands Sàrl) v. Secretary of State for Health
This decision is 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 under European Union law.
The Secretary of State for Health, although contending that the Directive was valid, agreed that it would be appropriate to seek a preliminary ruling from the Court of Justice of the European Union ("CJEU"). It was therefore common ground that the issue of the validity of the Directive should be referred to the CJEU, and in this decision the Court referred the matter according to the terms of reference agreed between the parties.
The Court also ruled on applications by a number of organizations to be joined as parties to the proceedings. In an earlier decision, the Court refused such an application by a Polish tobacco association on the basis that it would not add significant additional input into the reference and that it was not sufficiently proximate to the United Kingdom. However, in this decision, the Court distinguished the circumstances of the applicant organizations and granted them party status.
R (on the application of Philip Morris Brands Sàrl) v. Secretary of State for Health [2014] EWHC 3669 (Admin)
United Kingdom
Nov 7, 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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"I have concluded that, in contrast to KZPT, the organisations in this case are able to demonstrate that there are grounds upon which they should be permitted to participate in the reference. The main grounds of distinction are as follows:
i) There was little or no evidence to connect KZPT to the UK. Each of the organisations in this case was able to demonstrate, to a greater or lesser extent, a firmer relationship with the UK;
ii) In the case of Von Eicken, whose connection to the UK was more limited than the others there was, in contrast to KZPT, an element of competition with the claimants which introduced doubts that their own specific concerns would be given fair priority in Europe if they were unable to participate;
iii) The organisations were able to bring a higher level of experience and expertise to bear on the issues to be determined than had been demonstrated on behalf of KZPT."
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 is 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 under European Union law.
The Secretary of State for Health, although contending that the Directive was valid, agreed that it would be appropriate to seek a preliminary ruling from the Court of Justice of the European Union ("CJEU"). It was therefore common ground that the issue of the validity of the Directive should be referred to the CJEU, and in this decision the Court referred the matter according to the terms of reference agreed between the parties.
The Court also ruled on applications by a number of organizations to be joined as parties to the proceedings. In an earlier decision, the Court refused such an application by a Polish tobacco association on the basis that it would not add significant additional input into the reference and that it was not sufficiently proximate to the United Kingdom. However, in this decision, the Court distinguished the circumstances of the applicant organizations and granted them party status.