Case C-491/01: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 6 December 2001, in the case of The Queen on the application of 1) British American Tobacco (Investments) Ltd, 2) Imperial Tobacco Ltd against Secretary of State for Health
Date: 2002-03-02
Institutions: Court of Justice
Subjects: consumer information, export, interpretation of the law, marketing, tobacco, tobacco industry

C 56/6

EN

Official Journal of the European Communities

2.3.2002

The Commission claims that the Court should:

1.

Is Directive 2001/37/EC (1) invalid, in whole or in part,
by reason of:

1.

declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 98/76/EC (1) of 1 October 1998
amending Directive 96/26/EC (2) on admission to the
occupation of road haulage operator and road passenger
transport operator and mutual recognition of diplomas,
certificates and other evidence of formal qualifications
intended to facilitate for these operators the right to
freedom of establishment in national and international
transport operations the Kingdom of Sweden has failed
to fulfil its obligations under that directive.

2.

order the Kingdom of Sweden to pay the costs of the
proceedings.

a.

b.

c.

d.

e.

the inadequacy of Articles 95 and/or 133 EC as a
legal basis;

the use of Articles 95 and 133 EC as a dual legal
basis;

infringement of the principle of proportionality;

infringement of Article 295 EC, the fundamental
right to property and/or Article 20 of TRIPs;

infringement of Article 253 EC and/or the duty to
give reasons;

Pleas in law and main arguments

f.

infringement of the principle of subsidiarity;

Under the binding provisions of Articles 10 and 249 EC
the Member States must take all appropriate measures to
implement directives in national law within the prescribed
period. The period prescribed in Article 2(1) of Directive
98/76/EC ended on 1 October 1999 without the Kingdom
of Sweden having adopted the necessary laws and other
provisions.

g. misuse of powers?

2.

If it is valid, does Article 7 of Directive 2001/37/EC of the
Parliament and Council apply only to tobacco products
marketed within the European Community, or does it
apply also to tobacco products packaged within the
European Community for export to third countries?

(1) OJ L 277, 14.10.1998, p. 17.
(2) OJ L 124, 23.5.1996, p. 1.

(1) 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, 18/07/2001,
p. 26).

Reference for a preliminary ruling by the High Court
of Justice (England & Wales), Queen’s Bench Division
(Administrative Court), by order of that court dated
6 December 2001, in the case of The Queen on the
application of 1) British American Tobacco (Investments)
Ltd, 2) Imperial Tobacco Ltd against Secretary of State for
Health

(Case C-491/01)

(2002/C 56/12)

Reference for a preliminary ruling by the Verwaltungsge-
richt Stuttgart by order of that court of 4 December 2001
in the case of Raffaele Oliveri against Land Baden-
Württemberg

(Case C-493/01)

(2002/C 56/13)

Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England & Wales), Queen’s Bench Division (Adminis-
trative Court) dated 6 December 2001, which was received at
the Court Registry on 19 December 2001, for a preliminary
ruling in the case of The Queen on the application of 1) British
American Tobacco (Investments) Ltd, 2) Imperial Tobacco
Ltd against Secretary of State for Health, on the following
questions:

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Stuttgart (Stuttgart Administrative Court) of 4 December 2001,
received at the Court Registry on 19 December 2001, for a
preliminary ruling in the case of Raffaele Oliveri against Land
Baden-Württemberg on the following questions: