Hearings
England & Wales
17 Jun 2011 [2011] EWCA Civ 437; [2012] QB 394; [2012] 2 WLR 304; [2011] WLR (D) 200, CA
R (Sinclair Collis Ltd) v Secretary of State for Health
Subject Matter
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 s 3A (as inserted by Health Act 2009, s 22) — Human Rights Act 1998, Sch 1, Pt II, art 1 — Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010, reg 2(1) — FEU Treaty, arts 34FEU, 36FEU
Appellate History
R (Sinclair Collis Ltd) v Secretary of State for Health [2011] Eu LR 344
Decision of Sir Anthony May P affirmed
R (Sinclair Collis Ltd) v Secretary of State for Health [2011] EWCA Civ 437; [2012] QB 394; [2012] 2 WLR 304; [2011] WLR (D) 200, CA