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September/October 2018
25th January 2018
August 2017

Written Observations sent to ECJ

Other parties send Written Observations to the ECJ
April 27th 2017

The ECJ initiates the first steps in the legal review (case C151/17)

The ECJ sends out the case for comment to EU member states, the European Commission, Parliament and Council, EFTA states, Swedish Match, the NNA and the Department of Health. All these parties can make Written Observations to the ECJ commenting on the legal issues that have been raised: comments have to be received by ECJ by 17th July.
March 9th 2017

High Court of Justice refers the legal questions to the EU Court of Justice

The parties to the case (Swedish Match, the New Nicotine Alliance and the Department of Health) agree a draft referral to the ECJ, which the High Court approves and refers to the ECJ under Article 267 of the Treaty on the Functioning of the European Union. You can view the referral to the ECJ here.
January 26th 2017

The High Court agrees that there is a case for legal review and allows NNA to join the action

The High Court agrees that there is a case for a review of the legal arguments. Because the UK Tobacco and Related Products Regulations 2016 are based on the EU Tobacco Products Directive 2014, the case is referred to the European Court of Justice.
January 2017

The NNA asks the High Court to join the legal challenge

The NNA asks the High Court to be joined to the case as an ‘intervenor’. The NNA acts as a third party in the public interest, and brings added facts and argument to the case. The NNA argues that the ban is disproportionate, and contravenes the EU Charter of Fundamental Rights vis. Art 1 ‘human dignity’, Art 7 ‘respect for private and family life’, and Art 35 ‘health care’. The NNA submission to the High Court can be found here, along with supporting expert and witness statements from Gerry Stimson, Karl Lund, Louise Ross and Judy Gibson.
July 2016

The Swedish Match starts a legal challenge against the ban on snus

Swedish Match – the main manufacturer of Swedish snus – brings a challenge in the UK High Court against the ban of the sale of snus. Swedish Match seeks a judicial review of Regulation 17 of the UK Tobacco and Related Products Regulations 2016, which provides that “no person may produce or supply tobacco for oral use”. Their legal argument is that the law discriminates against snus compared with cigarettes and with lower risk nicotine products, that the ban is disproportionate, is against the principle of subsidiarity in removing national regulatory discretion, breaches the duty to give reasons for the ban, and is an unjustified restriction on the free movement of goods. The case is brought against the Department of Health as Defendant to be heard before the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court).

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