Case C-430/02: Action brought on 28 November 2002 by the Commission of the European Communities against the Italian Republic
Date: 2003-01-25
Institutions: Court of Justice
Subjects: Abruzzi, European Commission, Italy, Sicily, action for failure to fulfil an obligation, location of production, quality label, regional policy, restriction on competition

25.1.2003

EN

Official Journal of the European Communities

C 19/21

Reference for a preliminary ruling by the Cour de
cassation (France), chambre commerciale, financière et
économique, by judgment of that Court of 19 November
2002 in the case of Bacardi-Martini SAS against Télévision
France TF1 S.A., Groupe Jean-Claude Darmon S.A. and
Girosport Sàrl

(a)

refrain from broadcasting television programmes,
such as in particular retransmissions of sporting
events, whether taking place in France or in other
countries of the Union, where they show prohibited
advertisements within the meaning of the French
Code des débits de boissons, or

(Case C-429/02)

(2003/C 19/36)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour de cassation
— chambre commerciale, financière et économique (Commer-
cial, Financial and Economic Division) of 19 November 2002,
received at the Court Registry on 27 November 2002, for a
preliminary ruling in the case of Bacardi-Martini SAS against
Télévision France TF1 S.A., Groupe Jean-Claude Darmon S.A.
and Girosport Sàrl on:

1. whether Directive 89/552/EEC (1) of 3 October 1989, in
the version prior to that of Directive 97/36/EC (2) of
30 June 1997, precludes national
legislation such as
Articles L.17 to L.21 of the French Code des débits de
boissons (Code of Licensed Premises) and Article 8 of
Decree No 92280 of 27 March 1992 from prohibiting,
for reasons of the protection of public health and on pain
of criminal penalties, advertising for alcoholic drinks,
whether of national origin or from other Member States
of the Union, on television, whether in the form of
advertising spots within the meaning of Article 10 of the
directive or of indirect advertising as a result of panels
advertising alcoholic drinks appearing on television with-
out thereby constituting surreptitious advertising within
the meaning of Article 1(c) of the directive;

2. whether Article 49 EC and the principle of the free
movement of television broadcasts within the Union
must be interpreted as precluding a national provision
such as that in Articles L.17 to L.21 of the French Code
des débits de boissons and Article 8 of Decree No 92280
of 27 March 1992 which prohibits, for reasons of the
protection of public health and on pain of criminal
penalties, advertising for alcoholic drinks, whether of
national origin or from other Member States of the
Union, on television, whether in the form of advertising
spots within the meaning of Article 10 of the directive or
of indirect advertising as a result of panels advertising
alcoholic drinks appearing on television without thereby
constituting surreptitious advertising within the meaning
of Article 1(c) of the directive, from having the effect
that operators responsible for the broadcasting and
distribution of television programmes:

(b) broadcast them on condition that prohibited adver-
tisements within the meaning of the French Code
des débits de boissons do not appear,
thereby
preventing the conclusion of advertising contracts
concerning alcoholic drinks whether of national
origin or from other Member States of the Union.

(1) Council Directive 89/552/EEC of 3 October 1989 on the coordi-
nation of certain provisions laid down by Law, Regulation or
Administrative Action in Member States concerning the pursuit
of television broadcasting activities (OJ L 298 of 17.10.1989,
p. 23).

(2) Directive 97/36/EC of the European Parliament and of the Council
of 30 June 1997 amending Council Directive 89/552/EEC on the
coordination of certain provisions laid down by law, regulation
or administrative action in Member States concerning the pursuit
of television broadcasting activities (OJ L 202 of 30.7.1997,
p. 60).

Action brought on 28 November 2002 by the Com-
mission of the European Communities against the Italian
Republic

(Case C-430/02)

(2003/C 19/37)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 28 Novem-
ber 2002 by the Commission of the European Communities,
represented by Claire-Françoise Durand and Roberto Amorosi,
acting as Agents.

The applicant claims that the Court should:

— Declare that, by failing to adopt all

the provisions
necessary to repeal or amend the rules governing quality
labels of the Abruzzi Region the Region of Sicily, which
labels were introduced by Leggi Regionali (Regional Laws)
31/1982 and 14/1966, the Italian Republic has failed to
fulfil
the Treaty
establishing the European Community;

its obligations under Article 28 of

— Order the Italian Republic to pay the costs.

C 19/22

EN

Official Journal of the European Communities

25.1.2003

Pleas in law and main arguments

Pleas in law and main arguments

The system of quality labels introduced by the Regions of
Abruzzi and Sicily reserves the use of such labels solely to
products processed or prepared within those regions which
comply with mandatory manufacturing rules. The quality of
the products concerned is therefore explicitly linked to their
place of origin in Abruzzi or Sicily, which serves to create in
the mind of the consumer the impression that products from
those regions are of a quality superior to that of others. The
use of that designation tends therefore to encourage consumers
to purchase such products rather than imported products,
stimulating their sale to the detriment of products from other
Member States.

It follows that the system of quality labels introduced by the
Regions of Abruzzi and Sicily constitutes a barrier to intra-
Community trade contrary to Article 28 EC.

Action brought on 29 November 2002 by the Com-
mission of the European Communities against the United
Kingdom

(Case C-431/02)

(2003/C 19/38)

Article 10(1) of the Directive, as amended by Council Directive
94/31/EC (2) of 27 June 1994 amending Directive 91/689/EEC
on hazardous waste, requires Member States to bring into
force the laws, regulations and administrative provisions
necessary to comply with that Directive by 27 June 1995, and
to inform the Commission forthwith. Article 10(3) of the
Directive provides that Member States shall communicate to
the Commission the texts of the main provisions of national
law which they adopt in the field governed by the Directive.

As a result of an assessment of the national
legislation
communicated, the Commission found the existence of a
number of inconsistencies and gaps in the United Kingdom’s
transposition. As the United Kingdom authorities have not
communicated any amending legislation designed to remedy
the situation, except for a draft concerning Gibraltar which
has not yet been adopted, the Commission concludes that the
United Kingdom has failed to transpose correctly Articles 1(4),
1(5), 2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)
and 5(2) of the Directive.

(1) OJ L 377, 31.12.1991, p. 20.
(2) OJ L 168, 2.7.1994, p. 28.

Reference for a preliminary ruling by the Ufficio del
Giudice di Pace di Lendinara by order of that Court of
29 October 2002 in the case of Dr Lucio Trombin against
Insight World Education Systems Limited

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 29 Novem-
ber 2002 by the Commission of the European Communities,
represented by Xavier Lewis and Minas Konstantinidis, acting
as agents, with an address for service in Luxembourg.

(Case C-432/02)

(2003/C 19/39)

The Applicant claims that the Court should:

1)

declare that, by failing to adopt all the measures necessary
to comply with its obligations under Articles 1(4), 1(5),
2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)
and 5(2) of Council Directive 91/689/EEC on hazardous
waste (1), the United Kingdom of Great Britain and
Northern Ireland has failed to fulfil its obligations under
this Directive and under the Treaty establishing the
European Community;

2)

order the United Kingdom to pay the costs.

Justice of the
Reference has been made to the Court of
European Communities by order of the Ufficio del Giudice di
Pace di Lendinara (Office of the Lendinara Magistrate) of
29 October 2002, received at the Court Registry on 29 Novem-
ber 2002, for a preliminary ruling in the case of Dr Lucio
Trombin against Insight World Education Systems Limited on
the following questions:

1. Are the rules or administrative practices of the national
legal order, such as those described at points III and IV
hereof, compatible with the principles of the EC Treaty
concerning the free movement of persons (Article 39 et