Case C-210/03 R (on the application of Swedish Match AB and Swedish Match UK Ltd) v Secretary of State for Health (Swedish Match) [2004]
Facts
- Directive 2001/37, based on [Art 114 TFEU], prohibits the marketing of tobacco products for oral use (chewing tobacco)
Issue
- Was the directive invalid due to being incorrectly based on [Art 114 TFEU]?
Decision
- No, directive upheld
Reasoning
- An increasing awareness of the dangers of tobacco products would lead to future obstacles to inter-state trade
- Stating that the measure is based also on another (invalid) legal basis will not invalidate the measure as long as one legal basis validates the measure
- The harmonisation of public health as an ancillary effect was a non-issue
- The directive’s main objective was correctly (and validly) to remove obstacles to trade
