The Weekly Law Reports
[2012] 2 WLR 304
Court of Appeal
Regina (Sinclair Collis Ltd)
v
Secretary of State for Health
[2011] EWCA Civ 437
2011 March 8,
9;
June 17
Lord Neuberger of Abbotsbury MR, Laws, Arden LJJ
European Union— Public health— Anti-smoking measures— Secretary of State making regulations prohibiting sale of tobacco from automatic vending machines— Serious adverse effect on owners of vending machines and on suppliers in other EU member states— Prohibition imposing quantitative restriction on imports and concerning right to peaceful enjoyment of possessions— Proper margin of appreciation to be accorded to decision-maker— Whether protection of public health justifying restrictions— Whether prohibition violating principle of proportionality—
Children and Young Persons (Protection from Tobacco) Act 1991 (c 23) s 3A (as inserted by Health Act 2009 (c 21), s 22)
—
Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1
—
Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010
(SI 2010/864), reg 2(1)
—
FEU Treaty
, arts 34FEU, 36FEU