# C_2005045EN.01000702.xml

| 19.2.2005 | EN | Official Journal of the European Union | C 45/7 |
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19.2.2005

EN

Official Journal of the European Union

C 45/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 14 December 2004

in Case C-210/03 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)): The Queen, on the application of: Swedish Match AB, Swedish Match UK Ltd v Secretary of State for Health
   (1)

The Queen

Swedish Match AB, Swedish Match UK Ltd

Secretary of State for Health

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(Directive 2001/37/EC - Manufacture, presentation and sale of tobacco products - Article 8 - Prohibition of placing on the market of tobacco products for oral use - Validity - Interpretation of Articles 28 EC to 30 EC - Compatibility of national legislation laying down the same prohibition)

(2005/C 45/14)

Language of the case: English

In Case C-210/03: reference for a preliminary ruling under Article 234 EC from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), made by decision of 17 April 2003, received at the Court on 15 May 2003, in the proceedings between The Queen, on the application of: Swedish Match AB, Swedish Match UK Ltd and Secretary of State for Health – the Court (Grand Chamber), composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans and K. Lenaerts, Presidents of Chambers, C. Gulmann, J.-P. Puissochet, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues (Rapporteur), Judges; L.A. Geelhoed, Advocate General; H. von Holstein, Deputy Registrar, and subsequently M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 14 December 2004, in which it has ruled:

The Queen

Swedish Match AB, Swedish Match UK Ltd

Secretary of State for Health

| 1. | Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 8 of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products. |
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1.

Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 8 of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products.

| 2. | Where a national measure prohibits the marketing of tobacco products for oral use in accordance with the provisions of Article 8 of Directive 2001/37, there is no need to ascertain separately whether that national measure complies with Articles 28 EC and 29 EC. |
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2.

Where a national measure prohibits the marketing of tobacco products for oral use in accordance with the provisions of Article 8 of Directive 2001/37, there is no need to ascertain separately whether that national measure complies with Articles 28 EC and 29 EC.

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(1)  OJ C 171 of 19.7.2003.

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