Judgment of the Court (Sixth Chamber) of 23 January 2003 in Case C-221/00: Commission of the European Communities v Republic of Austria (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)
Date: 2003-03-08
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, foodstuff, labelling, public health

C 55/2

EN

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