Judgment of the Court (Second Chamber) of 13 March 2003 in Case C-333/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 98/81/EC — Failure to transpose within the prescribed period)
Date: 2003-05-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, genetically modified organism, preparation for market, public health

10.5.2003

EN

Official Journal of the European Union

C 112/5

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 March 2003

(Second Chamber)

of 13 March 2003

in Case C-229/01 (Reference for a preliminary ruling from
the Unabhängiger Verwaltungssenat im Land Niederöster-
reich): Susanne Müller (1)

in Case C-333/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Directive 2000/13/EC — Labelling and presentation of
foodstuffs — Date of minimum durability — Article 18)

(Failure by a Member State to fulfil
its obligations —
Directive 98/81/EC — Failure to transpose within the
prescribed period)

(2003/C 112/08)

(Language of the case: German)

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

In Case C-229/01: Reference to the Court under Article 234
EC by the Unabhängiger Verwaltungssenat im Land Niederös-
terreich (Austria) for a preliminary ruling in the proceedings
before that court against Susanne Müller, on the interpretation
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 for
sale to the ultimate consumer (OJ 1979 L 33, p. 1) and
Directive 2000/13/EC of the European Parliament and of the
Council of 20 March 2000 on the approximation of the laws
of the Member States relating to the labelling, presentation and
advertising of foodstuffs (OJ 2000 L 109, p. 29), the Court
(Fifth Chamber), composed of: M. Wathelet, President of the
Chamber, D.A.O. Edward, P. Jann, S. von Bahr (Rapporteur)
and A. Rosas, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 13 March 2003, in which
it has ruled:

Directive 2000/13/EC of the European Parliament and of the
Council of 20 March 2000 on the approximation of the laws of the
Member States relating to the labelling, presentation and advertising
of foodstuffs does not preclude a national rule which provides that,
where the period of minimum durability of a foodstuff expired, that
fact must be indicated separately, clearly and in a generally intelligible
manner. Such a rule is a non-harmonised national provision justified
on the ground of prevention of fraud as provided for in Article 18(2)
of the directive.

(2003/C 112/09)

(Language of the case: Spanish)

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

In Case C-333/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Diáz
Abdad): Application for a declaration that, by failing to adopt,
or to notify to the Commission, the laws, regulations and
administrative provisions necessary to comply with Council
Directive 98/81/EC of 26 October 1998 amending Directive
90/219/EEC on the contained use of genetically modified
micro-organisms (OJ 1998 L 330, p. 13), the Kingdom of
Spain has failed to fulfil its obligations under that directive, the
Court (Second Chamber), composed of: R. Schintgen, President
of the Chamber, V. Skouris and N. Colneric (Rapporteur),
Judges; P. Léger, Advocate General; R. Grass, Registrar, has
given a judgment on 13 March 2003, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 98/81/EC of 26 October 1998 amending Directive
90/219/EEC on the contained use of genetically modified
micro-organisms, the Kingdom of Spain has failed to fulfil its
obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

( 1) OJ C 245 of 1.9.2001.

(1) OJ C 317 of 10.11.2001.