# Arrêt de la Cour

1..
: Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Legal basis – Article 95 EC – Improvement of the conditions for the functioning of the internal market – Protection of public health a decisive factor in the choices involved in the harmonising measures – Not relevant

2..
: Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Legal basis – Article 95 EC – Improvement of the conditions for the functioning of the internal market – Prohibition of manufacture intended to prevent the circumvention of the marketing rules in the internal market – Included

3..
: Acts of the institutions – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Choice of legal basis – Criteria – Community measure pursuing a twofold basis or having a twofold component – Reference to the main or predominant purpose or component – Incorrect reference to Article 133 EC as a second legal basis – Not relevant to the validity of the directive

4..
: Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Harmonising measures – No breach of the principle of proportionality

5..
: Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Respect of the right to property – Trade mark – Proportionate restrictions not impairing the very substance of that right

6..
: Community law – Principles – Principle of subsidiarity – Application to acts adopted for the purpose of establishing the internal market – Review of observance of the principle of subsidiarity – Criteria

7..
: Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Article 7 – Prohibition of the use of descriptors likely to mislead consumers – Applicable only to tobacco products marketed within the Community

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«(Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Articles 95 EC and 133 EC – Interpretation – Applicability to tobacco products packaged in the Community and intended for export to non-member countries)»

| | Opinion of Advocate General Geelhoed delivered on 10 September 2002 |
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| | Judgment of the Court, 10 December 2002 |
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Summary of the Judgment

1..
  Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Legal basis – Article 95 EC – Improvement of the conditions for the functioning of the internal market – Protection of public health a decisive factor in the choices involved in the harmonising measures – Not relevant (Art. 95 EC; Directive 2001/37 of the European Parliament and of the Council)

2..
  Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Legal basis – Article 95 EC – Improvement of the conditions for the functioning of the internal market – Prohibition of manufacture intended to prevent the circumvention of the marketing rules in the internal market – Included (Art. 95 EC; Directive 2001/37 of the European Parliament and of the Council, Art. 3(1))

3..
  Acts of the institutions – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Choice of legal basis – Criteria – Community measure pursuing a twofold basis or having a twofold component – Reference to the main or predominant purpose or component – Incorrect reference to Article 133 EC as a second legal basis – Not relevant to the validity of the directive (Arts 95 EC and 133 EC; Directive 2001/37 of the European Parliament and of the Council)

4..
  Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Harmonising measures – No breach of the principle of proportionality (Directive 2001/37 of the European Parliament and of the Council, Arts 3, 5 and 7)

5..
  Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Respect of the right to property – Trade mark – Proportionate restrictions not impairing the very substance of that right (Directive 2001/37 of the European Parliament and of the Council, Arts 5 and 7)

6..
  Community law – Principles – Principle of subsidiarity – Application to acts adopted for the purpose of establishing the internal market – Review of observance of the principle of subsidiarity – Criteria (Art. 95 EC)

7..
  Approximation of laws – Directive 2001/37 concerning the manufacture, presentation and sale of tobacco products – Article 7 – Prohibition of the use of descriptors likely to mislead consumers – Applicable only to tobacco products marketed within the Community (Art. 95 EC; Directive 2001/37 of the European Parliament and of the Council, Arts 3, 5 and 7)

JUDGMENT OF THE COURT10 December 2002 (1)
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JUDGMENT OF THE COURT10 December 2002 (1)

((Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Articles 95 EC and 133 EC – Interpretation – Applicability to tobacco products manufactured in the Community and intended for export to non-member countries))

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gives the following

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On those grounds,

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

R. Grass

G.C. Rodríguez Iglesias

Registrar

President

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  Language of the case: English.

1 –
: Language of the case: English.