The Queen v. Secretary of State for Health Ex Parte British American Tobacco
FACTS
Directive is issued, Great Britain sues because the directive on tobacco products is "too strict".
ISSUE 1
-Did the directive on Tobacco products - stricter rules than those adopted before, infringe the principle of subsidiarity?
Holding: No.
ANALYSIS
P: no evidence has been shown that States could not adopt measures of public health protection that was considered necessary.
ISSUE 2 (1) Can the objective of the proposed action be better achieved at Community level?
HOLDING -Here the directive’s objective was to eliminate barriers raised by differences which still existed in State’s laws and ensure a high level of health protection at the same time (in accordance with Art. 95).
-Court says that such an objective can not be sufficiently achieved by the States individually and called for Community action.
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