The claimants sought to challenge the validity of rules brought in under the 2009 Act as to the placement of cigarette vending machines in retail outlets. They said it was a a national measure restricting the free movement of goods. The justification put forward was the protection of public health. The issue was whether the measure was necessary, or whether the objective might have been achieved by a less restrictive measure.
Held: The Court considered the general considerations governing proportionality and treated them as relevantly identical under EU and Convention law
Judges:
Lord Neuberger MR, Laws, Arden LJJ
Citations:
[2011] EWCA Civ 437, [2012] QB 394, [2012] 2 WLR 304, [2012] Eu LR 50, [2011] 3 CMLR 37, (2012) 123 BMLR 36, [2011] ACD 98, [2011] LLR 592
Links:
Statutes:
Protection from Tobacco (Sales from Vending Machines) Regulations 2010, Health Act 2009 22 23
Jurisdiction:
England and Wales
Citing:
Appeal from – Sinclair Collis Ltd v Secretary of State for Health and Another Admn 1-Dec-2010
. .
Cited by:
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.
Health, Administrative, Human Rights, European
Updated: 06 April 2022; Ref: scu.440850