Judgment of the Court of 21 January 2003 in Case C-318/00 (Reference for a preliminary ruling from the High Court of Justice (England & Wales, Queen's bench Division): Bacardi-Martini SAS, Cellier des Dauphins v Newcastle United Football Company Ltd, (Reference for a preliminary ruling — Freedom to provide services — Refusal to display advertisements for alcoholic drinks at a sporting event taking place in a Member State whose law allows television advertising for alcoholic drinks but being broadcast on television in another Member State whose law prohibits such advertising — Relevance of the questions for the outcome of the main proceedings)
Date: 2003-03-08
Institutions: Court of Justice
Subjects: France, advertising, alcoholic beverage, interpretation of the law, sporting event, television

C 55/2

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Official Journal of the European Union

8.3.2003

dangerous substances (OJ 1999 L 329, p. 100), the Court,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-
chet, M. Wathelet, R. Schintgen and C.W.A. Timmermans
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La
Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von
Bahr, J.N. Cunha Rodrigues (Rapporteur) and A. Rosas, Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 21 January 2003, in which it:

1. Dismisses the action;

2. Orders the Federal Republic of Germany to pay the costs;

3. Orders the Republic of Finland to bear its own costs.

( 1) OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 23 January 2003

in Case C-221/00: Commission of the European Communi-
ties v Republic of Austria (1)

(Failure by a Member State to fulfil
its obligations —
Approximation of laws — Articles 28 EC and 30 EC —
Directive 79/112/EEC — Labelling and presentation of
foodstuffs)

(2003/C 55/03)

(Language of the case: German)

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

In Case C-221/00, Commission of the European Communities
(Agent: J. C. Schieferer) v Republic of Austria (Agent: H. Dossi)
supported by Kingdom of Denmark (Agent: C. P. Kristensen):
Application for a declaration that, by interpreting and applying
Paragraph 9(1) and (3) of the Bundesgesetz über den Verkehr
mit Lebensmitteln, Verzehrprodukten, Zusatzstoffen, kosme-
tischen Mitteln und Gebrauchsgegenständen (Lebensmittelge-
setz 1975)
(Federal Law on trade in foodstuffs, products
intended for human consumption, additives, cosmetic prod-
ucts and consumer goods) of 23 January 1975 as meaning
that health-related information on foodstuffs for general
consumption is prohibited in a general and absolute manner,
and by subjecting the affixing of such information to a prior
authorisation procedure, the Republic of Austria has failed to
fulfil its obligations under Articles 2(1)(b) and 15(1) and (2) of
Council Directive 79/112/EEC of 18 December 1978 on the
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs (OJ

1979 L 33, p. 1), as amended by Directive 97/4/EC of the
European Parliament and of the Council of 27 January 1997
(OJ 1997 L 43, p. 21), and under Article 28 EC, the Court
(Sixth Chamber), composed of: C. Gulmann, acting for the
President of
the Sixth Chamber, V. Skouris, F. Macken,
N. Colneric and J.N. Cunha Rodrigues (Rapporteur), Judges;
L.A. Geelhoed, Advocate General; M.-F. Contet, Administrator,
for the Registrar, has given a judgment on 23 January 2003,
in which it:

1. Declares that, by laying down a general prohibition of health-
related information on the labelling of foodstuffs for general
consumption and by subjecting the display of such information
to a prior authorisation procedure, the Republic of Austria has
failed to fulfil its obligations under Articles 2(1)(b) and 15(1)
and (2) of Council Directive 79/112/EEC of 18 December
1978 on the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of
foodstuffs, as amended by Directive 97/4/EC of the European
Parliament and of the Council of 27 January 1997;

2. Orders the Republic of Austria to pay the costs;

3. Orders the Kingdom of Denmark to bear its own costs.

(1) OJ C 211 of 22.7.2000.

JUDGMENT OF THE COURT

of 21 January 2003

in Case C-318/00 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales, Queen’s
bench Division): Bacardi-Martini SAS, Cellier des Dau-
phins v Newcastle United Football Company Ltd (1),

(Reference for a preliminary ruling — Freedom to provide
services — Refusal to display advertisements for alcoholic
drinks at a sporting event taking place in a Member State
whose law allows television advertising for alcoholic drinks
but being broadcast on television in another Member State
whose law prohibits such advertising — Relevance of the
questions for the outcome of the main proceedings)

(2003/C 55/04)

(Language of the case: English)

In Case C-318/00: Reference to the Court under Article 234
EC by the High Court of Justice of England and Wales, Queen’s
Bench Division, for a preliminary ruling in the proceedings
pending before that court between Bacardi-Martini SAS, Cellier

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Official Journal of the European Union

C 55/3

des Dauphins and Newcastle United Football Company Ltd,
on the interpretation of Article 59 of the EC Treaty (now,
after amendment, Article 49 EC), the Court, composed of:
G.C. Rodríguez Iglesias, President,
J.-P. Puissochet and
M. Wathelet
(Presidents of Chambers), C. Gulmann,
D.A.O. Edward, P. Jann (Rapporteur), V. Skouris, F. Macken,
N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges;
A. Tizzano, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, has given a judgment on 21 January
2003, in which it has ruled:

The reference for a preliminary ruling made by the High Court of
Justice of England and Wales, Queen’s Bench Division, by order of
28 July 2000 is inadmissible.

( 1) OJ C 302 of 21.10.2000.

powers conferred on the Commission (OJ 1999 L 184, p. 23),
the Court, composed of: G.C. Rodríguez Iglesias, President,
J.-P. Puissochet and M. Wathelet (Presidents of Chambers),
C. Gulmann, A. La Pergola (Rapporteur), P. Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
Judges; L.A. Geelhoed, Advocate General; M.-F. Contet, Admin-
istrator, for the Registrar, has given a judgment on 21 January
2003, in which it:

1. Annuls Article 11(2) of Regulation (EC) No 1655/2000 of
the European Parliament and of the Council of 17 July 2000
the Environment
concerning the Financial
(LIFE);

Instrument

for

2. Declares that the measures for the implementation of Regulation
No 1655/2000 already adopted at the time of the present
judgment are not affected by it;

3. Declares that

the effects of Article 11(2) of Regulation
No 1655/2000 are to be fully maintained until the Parliament
and the Council adopt new provisions concerning the committee
procedure to which the measures for the implementation of that
regulation are subject;

JUDGMENT OF THE COURT

4. Orders the European Parliament and the Council of

the

of 21 January 2003

in Case C-378/00: Commission of the European Communi-
ties v European Parliament and Council of the European
Union (1)

(Comitology — Council Decision 1999/468/EC laying down
the procedures for the exercise of implementing powers
conferred on the Commission — Criteria for choosing
between the different procedures for adopting implementing
measures — Effects — Obligation to state reasons —
Annulment in part of Regulation (EC) No 1655/2000 of the
European Parliament and of the Council concerning the
Financial Instrument for the Environment (LIFE))

(2003/C 55/05)

(Language of the case: French)

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

In Case C-378/00, Commission of the European Communities
(Agent: D. Maidani) v European Parliament (Agents: C. Pennera
and M. Moore), and Council of the European Union (Agents:
J.-P. Jacqué and G. Houttuin) supported by United Kingdom of
Great Britain and Northern Ireland (Agent: G. Amodeo, assisted
by M. Hoskins): Application for the annulment of Regulation
(EC) No 1655/2000 of the European Parliament and of the
Council of 17 July 2000 concerning the Financial Instrument
for the Environment (LIFE) (OJ 2000 L 192, p. 1), in so far as
it makes the adoption of measures for the implementation of
the LIFE programme subject to the regulatory procedure under
Article 5 of Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implementing

European Union to pay the costs.

(1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 23 January 2003

In Joined Cases C-421/00, C-426/00 and C-16/01 (Refer-
ence for a preliminary ruling from the Unabhängiger
Verwaltungssenat für Kärnten, the Unabhängiger Verwal-
tungssenat Wien and Verwaltungsgerichtshof): Renate
Sterbenz and Paul Dieter Haug (1)

(Approximation of laws — Articles 28 EC and 30 EC —
Directive 79/112/EEC — Labelling and presentation of
foodstuffs)

(2003/C 55/06)

(Language of the case: German)

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

In Joined Cases C-421/00, C-426/00 and C-16/01: References
to the Court under Article 234 EC by the Unabhängiger
Verwaltungssenat für Kärnten (Austria),
the Unabhängiger
Verwaltungssenat Wien (Austria) and the Verwaltungsgerichts-
(Austria) respectively for preliminary rulings in the
hof
criminal proceedings pending before those courts against
Renate Sterbenz (C-421/00) and Paul Dieter Haug (C-426/00