Judgment of the Court (Sixth Chamber) 5 March 2002 in Case C-386/00 (Reference for a preliminary ruling from the Cour d'Appel de Bruxelles): Axa Royale Belge SA v Georges Ochoa Stratégie Finance SPRL (Directive 92/96/EEC — Direct life assurance — Information for policy-holders)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: consumer information, financial institution, financial solvency, freedom to provide services, interpretation of the law, life assurance, right of establishment

4.5.2002

EN

Official Journal of the European Communities

C 109/13

— a system imposing a minimum reference price on all

cigarettes, and

— a system imposing different tax rates on dark-tobacco
and light-tobacco cigarettes, to the disadvantage of the
latter,

the French Republic has failed to fulfil its obligations under
Article 9(1), Article 8(2) and Article 16(5) of Council Directive
95/59/EC of 27 November 1995 on taxes other than turnover
taxes which affect the consumption of manufactured tobacco
(OJ 1995 L 291, p. 40), as amended by Council Directive
1999/81/EC of 29 July 1999 (OJ 1999 L 211, p. 47), and
Article 2 of Council Directive 92/79/EEC of 19 October 1992
on the approximation of taxes on cigarettes (OJ 1992 L 316,
p. 8), and under the first paragraph of Article 95 of the EC
Treaty (now, after amendment, the first paragraph of Article 90
EC), or alternatively under the second paragraph of Article 95
of the EC Treaty, the Court (Fifth Chamber), composed of:
P. Jann, President of the Chamber, S. von Bahr (Rapporteur)
and A. La Pergola,
Judges; S. Albert, Advocate General;
H. von Holstein, Deputy Registrar, has given a judgment on
27 February 2002, in which it:

1. Declares that, by maintaining in force

— a system imposing a minimum reference price on all

cigarettes sold under the same brand and

— a system imposing a different rate of tax for dark- and
light-tobacco cigarettes, to the detriment of the latter,

the French Republic has failed to fulfil its obligations under
Article 9(1), Article 8(2) and Article 16(5) of Council Directive
95/59/EC of 27 November 1995 on taxes other than turnover
taxes which affect the consumption of manufactured tobacco, as
amended by Council Directive 1999/81/EC of 29 July 1999,
Article 2 of Council Directive 92/79/EEC of 19 October 1992
on the approximation of taxes on cigarettes and the first
paragraph of Article 95 of the EC Treaty;

2.

The French Republic is ordered to pay the costs.

(1) OJ C 285 of 7.10.2000.

JUDGMENT OF THE COURT

(Third Chamber)

19 February 2002

in Case C-366/00: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

Luxembourg (agent: J. Faltz): Application for a declaration
that, by failing to adopt or, in the alternative, to notify to
the laws,
the Commission, within the prescribed period,
regulations and administrative provisions necessary fully to
comply with Council Directive 97/11/EC of 3 March 1997
amending Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environ-
ment (OJ 1997 L 73, p. 5), the Grand Duchy of Luxembourg
has failed to fulfil its obligations under the EC Treaty, the
Court (Third Chamber), composed of: F. Macken, President of
the Chamber, J.-P. Puissochet (Rapporteur) and J.N. Cunha
Rodrigues,
Judges; S. Alber, Advocate General; R. Grass,
Registrar has given a judgment on 19 February 2002, in which
it:

1. Declares that, by failing to bring into force, within the
the laws, regulations and administrative
prescribed period,
provisions necessary
to comply with Council Directive
97/11/EC of 3 March 1997 amending Directive 85/337/EEC
on the assessment of the effects of certain public and private
projects on the environment, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under the first subparagraph
of Article 3(1) of that directive and under the EC Treaty;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

5 March 2002

in Case C-386/00 (Reference for a preliminary ruling from
the Cour d’Appel de Bruxelles): Axa Royale Belge SA v
Georges Ochoa Stratégie Finance SPRL (1)

(Directive 92/96/EEC — Direct life assurance — Infor-
mation for policy-holders)

(2002/C 109/21)

(Language of the case: French)

(Failure by a Member State to fulfil its obligations —
Incomplete transposition of Directive 97/11/EC)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(2002/C 109/20)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-366/00, Commission of the European Communities
(agents: R. Tricot and P. Panayotopoulos) v Grand Duchy of

In Case C-386/00: Reference to the Court under Article 234
EC by the Cour d’Appel de Bruxelles (Belgium) for a preliminary
ruling in the proceedings pending before that court between
Axa Royale Belge SA and Georges Ochoa Stratégie Finance
SPRL, on the interpretation of Council Directive 92/96/EEC of
10 November 1992 on the coordination of laws, regulations
and administrative provisions relating to direct life assurance

C 109/14

EN

Official Journal of the European Communities

4.5.2002

and amending Directives 79/267/EEC and 90/619/EEC (third
life assurance Directive) (OJ 1992 L 360, p. 1) the Court (Sixth
Chamber), composed of: N. Colneric, President of the Second
Chamber, acting for the President of the Sixth Chamber,
C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha Rodrigues
(Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 5 March 2002, in which it has ruled:

in Articles 11 and 4(1) of Council Directive 96/59/EC of
16 September 1996 on the disposal of polychlorinated
biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996
L 243, p. 31), the Italian Republic has failed to fulfil
its
obligations under those provisions, the Court (Fourth Chamb-
er), composed of: S. von Bahr, President of the Chamber,
D.A.O. Edward and C.W.A. Timmermans (Rapporteur), Judges;
P. Léger, Advocate General; R. Grass, Registrar, has given a
judgment on 27 February 2002, in which it:

Article 31(3) of Council Directive 92/96/EEC of 10 November
1992 on the coordination of laws, regulations and administrative
provisions relating to direct life assurance and amending Directives
79/267/EEC and 90/619/EEC (third life assurance Directive)
precludes national legislation which provides that a life-assurance
proposal, or in the absence of a proposal, a life-assurance policy must
inform the policy-holder that cancellation, reduction or surrender of
an existing life-assurance contract for the purpose of subscribing to
another life-assurance policy is generally detrimental to the policy-
holder.

(1) OJ C 355 of 9.12.2000.

1. Declares that, by failing to draw up and communicate to the
Commission of the European Communities, by 16 September
1999 at the latest, the summaries of inventories provided for
in Article 4(1) of Council Directive 96/59/EC of 16 September
1996 on the disposal of polychlorinated biphenyls and polych-
lorinated terphenyls (PCB/PCT) and the plans and outlines
provided for in Article 11 of the same directive, the Italian
Republic has
those
provisions.

its obligations under

failed to fulfil

2. Orders the Italian Republic to pay the costs.

(1) OJ C 108 of 7.4.2001.

JUDGMENT OF THE COURT

(Fourth Chamber)

27 February 2002

in Case C-46/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Waste management — Directive 96/59/EC — Disposal of
polychlorinated biphenyls and polychlorinated terphenyls)

(2002/C 109/22)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-46/01, Commission of the European Communities
(agents: H. Støvlbaek and R. Amorosi) v Italian Republic
(agent: U. Leanza, assisted by M. Fiorilli): Application for a
declaration that, by failing to draw up and communicate to
the Commission by 16 September 1999 the appropriate
plans, outlines and summaries of inventories provided for

JUDGMENT OF THE COURT

(Second Chamber)

27 February 2002

in Case C-140/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil its obligations —
Directive 98/18/EC — Transport by sea — Safety rules and
standards for passenger ships)

(2002/C 109/23)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-140/01, Commission of the European Communities
(Agent: B. Mongin) v Kingdom of Belgium (Agent: A. Snoecx):
Application for a declaration that, by failing to notify the
Commission of the laws, regulations and administrative pro-
visions necessary to comply with Council Directive 98/18/EC
of 17 March 1998 on safety rules and standards for passenger
ships (OJ 1998 L 144, p. 1), or to adopt the measures necessary
to comply therewith, the Kingdom of Belgium has failed to
fulfil its obligations under that directive and under the EC