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Case C-210/03 (Swedish Match) [2004]

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
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