# C_2006178EN.01001002.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/10 |
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29.7.2006

EN

Official Journal of the European Union

C 178/10

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Judgement of the Court (Fourth Chamber) of 18 May 2006 — Commission of the European Communities v Republic of Finland

(Case C-343/05) (1)

1

(Failure by a Member State to fulfil its obligations - Directive 2001/37/EC - Manufacture, presentation and sale of tobacco products - Prohibition on placing on the market of tobacco for oral use - Failure to transpose within the prescribed period)

(2006/C 178/16)

Language of the case: Finnish

Parties

Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and M. Huttunen, Agents)

Applicant:

Defendant: Republic of Finland (represented by: J. Himmanen, Agent)

Defendant:

Re:

Failure by a Member State to fulfil its obligations — Failure to transpose Article 8a of Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products (OJ 1989 L 359, p.1) as inserted by Council Directive 92/41/EEC of 15 May 1992 amending that directive (OJ 1992 L 158, p. 30), and Article 8 of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products — Commission statement (OJ L 194, p. 26) — Prohibition on placing on the market of tobacco for oral use in relation to Åland and vessels registered in Finland

Operative part of the judgement

The Court:

| 1. | Declares that, by failing to ensure transposition by Åland of Article 8a of Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products, as amended by Council Directive 92/41/EEC of 15 May 1992, amended by Article 8 of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products, and observance on vessels registered in Finland of the prohibition on placing on the market of snuff laid down by that provision, the Republic of Finland has failed to fulfil its obligations under the EC Treaty and Directive 2001/37; |
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1.

Declares that, by failing to ensure transposition by Åland of Article 8a of Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products, as amended by Council Directive 92/41/EEC of 15 May 1992, amended by Article 8 of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products, and observance on vessels registered in Finland of the prohibition on placing on the market of snuff laid down by that provision, the Republic of Finland has failed to fulfil its obligations under the EC Treaty and Directive 2001/37;

| 2. | Orders the Republic of Finland to pay the costs. |
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2.

Orders the Republic of Finland to pay the costs.

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(1)  OJ C 281, 12.11.2005.

1

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