Judgment of the Court of 21 January 2003 in Case C-512/99: Federal Republic of Germany v Commission of the European Communities (Approximation of laws — Directive 97/69/EC — Dangerous substances — More stringent national provisions — Application ratione temporis of Article 95 EC — Duty of cooperation — Conditions for the approval of new national provisions)
Date: 2003-03-08
Institutions: Court of Justice
Subjects: European Commission, Germany, action for annulment (EU), carcinogenic substance, composite materials, public health

8.3.2003

EN

Official Journal of the European Union

C 55/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

1. Dismisses the action;

of 28 January 2003

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

(1) OJ C 366 of 18.12.1999.

in Case C-334/99: Federal Republic of Germany v Com-
mission of the European Communities (1)

(EC and ECSC Treaties — State aid — Composition of the
Commission — Notification to the Commission of aid and
planned aid — Concept and substance of notification —
Scope of the ECSC Treaty — Fifth Steel Aid Code — Powers
of the Commission ratione temporis — Article 87(2)(c) EC
— Privatisation procedure — Private investor test —
Invitation to bid — Transparency)

(2003/C 55/01)

(Language of the case: German)

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

JUDGMENT OF THE COURT

of 21 January 2003

in Case C-512/99: Federal Republic of Germany v Com-
mission of the European Communities (1)

(Approximation of laws — Directive 97/69/EC — Danger-
ous substances — More stringent national provisions —
Application ratione temporis of Article 95 EC — Duty of
cooperation — Conditions for the approval of new national
provisions)

(2003/C 55/02)

(Language of the case: German)

In Case C-334/99, Federal Republic of Germany (Agent:
C.-D. Quassowski, assisted by J. Sedemund) v Commission of
the European Communities (Agents: D. Triantafyllou and
K.-D. Borchardt): Application for annulment of Articles 4 to 7
of Commission Decision 1999/720/EC, ECSC of 8 July 1999
on State aid granted by Germany to Gröditzer Stahlwerke
GmbH and its subsidiary Walzwerk Burg GmbH (OJ 1999
L 292, p. 27), the Court, composed of: G.C. Rodríguez Iglesias,
President,
J.-P. Puissochet, M. Wathelet, R. Schintgen and
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, V. Skouris (Rapporteur),
S. von Bahr and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 28 January
2003, in which it:

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

In Case C-512/99, Federal Republic of Germany (Agents:
W.-D. Plessing and B. Muttelsee-Schön) v Commission of the
European Communities (Agent: G. zur Hausen) supported by
Republic of Finland (Agents: T. Pynnä and E. Bygglin):
Application for annulment of Commission Decision 1999/
836/EC of 26 October 1999 on the national provisions
concerning mineral wool notified by Germany derogating
from Directive 97/69/EC adapting to technical progress for
the 23rd time Council Directive 67/548/EEC on the approxi-
mation of the laws, regulations and administrative provisions
relating to the classification, packaging and labelling of

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