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Case C-759/23, PJ Carroll and Nicoventures Trading: Judgment of the Court (Second Chamber) of 26 June 2025 (request for a preliminary ruling from the High Court – Ireland) – PJ Carroll & Company Ltd, Nicoventures Trading Ltd v The Minister for Health, Ireland, The Attorney General (Reference for a preliminary ruling – Public health – Directive 2014/40/EU – Article 7(12) – Article 11(6) – Delegated Directive (EU) 2022/2100 – Validity – Manufacture, presentation and sale of tobacco products – Delegation of power to the European Commission – Novel tobacco products – Heated tobacco products – Power to withdraw exemptions from prohibitions of flavourings and labelling requirements – Substantial change of circumstances)

ECLI:EU:UNKNOWN:62023CA0759

62023CA0759

June 26, 2025
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Official Journal of the European Union

C series

C/2025/4431

18.8.2025

(Case C-759/23,

PJ Carroll and Nicoventures Trading)

(Reference for a preliminary ruling - Public health - Directive 2014/40/EU - Article 7(12) - Article 11(6) - Delegated Directive (EU) 2022/2100 - Validity - Manufacture, presentation and sale of tobacco products - Delegation of power to the European Commission - Novel tobacco products - Heated tobacco products - Power to withdraw exemptions from prohibitions of flavourings and labelling requirements - Substantial change of circumstances)

(C/2025/4431)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicants: PJ Carroll & Company Ltd, Nicoventures Trading Ltd

Defendants: The Minister for Health, Ireland, The Attorney General

Interested parties: Philip Morris Ltd, Philip Morris Products SA, Philip Morris Manufacturing & Technology Bologna SpA

Operative part of the judgment

The examination of the questions referred by the High Court (Ireland) has not revealed any factor of such a kind as to affect the validity of Commission Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products.

(1) OJ C, C/2024/1537.

ELI: http://data.europa.eu/eli/C/2025/4431/oj

ISSN 1977-091X (electronic edition)

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