Case C-429/02: 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
Date: 2003-01-25
Institutions: Court of Justice
Subjects: administrative cooperation, advertising, alcoholic beverage, audiovisual co-production, audiovisual communications policy, broadcasting, freedom to provide services, interpretation of the law, television

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.