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Document 62014CN0547
Case C-547/14: Reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court) (England and Wales) (United Kingdom) made on 1 December 2014 — Philip Morris Brands SARL, Philip Morris Limited, British American Tobacco UK Limited against Secretary of State for Health
Case C-547/14: Reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court) (England and Wales) (United Kingdom) made on 1 December 2014 — Philip Morris Brands SARL, Philip Morris Limited, British American Tobacco UK Limited against Secretary of State for Health
Case C-547/14: Reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court) (England and Wales) (United Kingdom) made on 1 December 2014 — Philip Morris Brands SARL, Philip Morris Limited, British American Tobacco UK Limited against Secretary of State for Health
OJ C 56, 16.2.2015, p. 6–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
16.2.2015 |
EN |
Official Journal of the European Union |
C 56/6 |
Reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court) (England and Wales) (United Kingdom) made on 1 December 2014 — Philip Morris Brands SARL, Philip Morris Limited, British American Tobacco UK Limited against Secretary of State for Health
(Case C-547/14)
(2015/C 056/09)
Language of the case: English
Referring court
High Court of Justice Queen's Bench Division (Administrative Court) (England and Wales)
Parties to the main proceedings
Applicants: Philip Morris Brands SARL, Philip Morris Limited, British American Tobacco UK Limited
Defendant: Secretary of State for Health
Other parties: Imperial Tobacco Limited, British American Tobacco UK Limited, JT International SA, Gallaher Limited, Tann UK Limited and Tannpapier GmbH, V. Mane Fils, Deutsche Benkert GmbH & Co. KG and Benkert UK Limited, Joh. Wilh. Von Eicken GmbH
Questions referred
The following questions relating to Directive 2014/40/EU (1) (the ‘Directive’ or ‘TPD2’) are referred to the Court of Justice of the European Union (the ‘CJEU’ or the ‘Court’) for a preliminary ruling under Article 267 TFEU:
Legal basis
1. |
Is the Directive invalid in whole or in part because Article 114 TFEU does not provide an adequate legal basis? In particular:
|
Proportionality and Fundamental Rights
2. |
In relation to Article 13 TPD2:
|
3. |
Are any or all of the following provisions of TPD2 invalid because they infringe the principle of proportionality:
|
Delegation/Implementation
4. |
Are any or all of the following provisions of TPD2 invalid because they infringe Article 290 TFEU:
|
5. |
Are Articles 3(4) and 4(5) TPD2 invalid because they breach the principle of legal certainty and/or impermissibly delegate powers to external bodies that are not subject to the procedural safeguards required by EU law? |
6. |
Are any or all of the following provisions of TPD2 invalid because they infringe Article 291 TFEU:
|
Subsidiarity
7. |
Is TPD2 and in particular Articles 7, 8(3), 9(3), 10(l)(g), 13 and 14 invalid for failure to comply with the principle of subsidiarity? |
(1) Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC, OJ L 127, p. 1.