Judgment of the Court (Second Chamber) 15 July 2004 in Case C-239/02 (reference for a preliminary ruling from the Rechtbank van Koophandel, Hasselt): Douwe Egberts NV v Westrom Pharma NV and Others (Approximation of laws — Interpretation of Article 28 EC and of Directives 1999/4/EC and 2000/13/EC — Validity of Directive 1999/4/EC — Labelling and advertising of foodstuffs — Prohibitions of references to health)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: advertising, coffee, foodstuff, interpretation of the law, labelling, product designation, sale

C 228/4

EN

Official Journal of the European Union

11.9.2004

Consideration of the questions referred for a preliminary ruling
have disclosed nothing to affect the validity of Articles 1, 3, 4,
5, 6(c) and 31 of Commission Regulation (EC) No 896/2001 of
7 May 2001 laying down detailed rules for applying Council
Regulation (EEC) No 404/93 as regards the arrangements for
importing bananas into the Community.

2. Orders the Commission of the European Communities to pay the

costs;

3. Orders the Republic of Finland and the Kingdom of Sweden to

bear their own costs.

(1) OJ C 97 of 20.4.2002.

(1) OJ C 156 of 29.6.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

JUDGMENT OF THE COURT

(Second Chamber)

15 July 2004

in Case C-144/02: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
77/388/EC — VAT — Article 11(A)(1)(a) — Taxable
amount — Subsidy directly linked to the price — Regulation
(EC) No 603/95 — Aid granted in the dried fodder sector)

in Case C-239/02 (reference for a preliminary ruling from
the Rechtbank van Koophandel, Hasselt): Douwe Egberts
NV v Westrom Pharma NV and Others (1)

(Approximation of laws — Interpretation of Article 28 EC
and of Directives 1999/4/EC and 2000/13/EC — Validity of
Directive 1999/4/EC — Labelling and advertising of food-
stuffs — Prohibitions of references to health)

(2004/C 228/07)

(Language of the case: German)

(2004/C 228/08)

(Language of the case: Dutch)

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

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

In Case C-144/02: Commission of the European Communities
(Agent: E. Traversa and K. Gross ) v Federal Republic of
Germany (Agent: M. Lumma),
supported by Republic of
Finland (Agents: T. Pynnä and E. Bygglin) and by Kingdom of
Sweden (Agents: Kruse and A. Falk) — application for a
declaration that, by failing to levy value added tax on aid paid
under Council Regulation (EC) No 603/95 of 21 February
1995 on the common organisation of the market in dried
fodder (OJ 1995 L 63, p. 1), the Federal Republic of Germany
has failed to fulfil its obligations under Article 11 of the Sixth
Council Directive (77/388/EEC) of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
(Second
assessment
Chamber), composed of C.W.A. Timmermans, President of the
Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet, J.N. Cunha
Rodrigues and N. Colneric, Judges; L.A. Geelhoed, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 15 July 2004 in which it:

(OJ 1977 L 145, p. 1) — the Court

1. Dismisses the action;

In Case C-239/02: reference to the Court under Article 234 EC
from the Rechtbank van Koophandel, Hasselt (Belgium) for a
preliminary ruling in the proceedings pending before that court
between Douwe Egberts NV and Westrom Pharma NV, Chris-
tophe Souranis, carrying on business under the commerical
name of ‘Etablissements FICS’, and between Douwe Egberts NV
and FICS-World BVBA — on the interpretation of Article 28
EC, on the interpretation and validity of Article 2 of Directive
1999/4/EC of the European Parliament and of the Council of
22 February 1999 relating to coffee extracts and chicory
extracts (OJ 1999 L 66, p. 26), and on the interpretation of
Article 18 of 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, presen-
tation and advertising of foodstuffs (OJ 2000 L 109, p. 29) —
the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Second Chamber, J-.P. Puissochet, J.N.
Cunha Rodrigues (Rapporteur), R. Schintgen and N. Colneric,
Judges; L.A. Geelhoed, Advocate General; M.-F. Contet, Prin-
cipal Administrator, for the Registrar, has given a judgment on
15 July 2004, in which it has ruled:

11.9.2004

EN

Official Journal of the European Union

C 228/5

1) Article 2 of Directive 1999/4/EC of the European Parliament
and of the Council of 22 February 1999 relating to coffee extracts
and chicory extracts must be interpreted as meaning that, when
products mentioned in the annex to that directive are marketed,
other names, such as invented or trade names, are not precluded
from being used alongside the product names.

2) Article 18(1) and (2) of Directive 2000/13/EC of the European
Parliament and of the Council of 20 March 2000 on the approx-
imation of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs must be interpreted as
precluding national legislation, such as that at issue, which prohi-
bits references to ‘slimming’ and to ‘medical recommendations,
attestations, declarations or statements of approval’ in the labelling
and presentation of foodstuffs.

3) Articles 28 EC and 30 EC must be interpreted as precluding
national legislation which prohibits references in the advertising of
foodstuffs imported from other Member States to ‘slimming’ and
to ‘medical recommendations, attestations, declarations or state-
ments of approval’.

(1) OJ C 202 of 24.8.2002.

JUDGMENT OF THE COURT

(Grand Chamber)

of 13 July 2004

in Case C-262/02: Commission of the European Commu-
nities v French Republic (1)

(Failure by a Member State to fulfil its obligations — Article
59 of the EC Treaty (now, after amendment, Article 49 EC)
— Television broadcasting — Advertising — National
measure prohibiting television advertising for alcoholic
beverages marketed in that State, in the case of indirect tele-
vision advertising resulting from the appearance on screen of
certain
hoardings visible during the

retransmission of

sporting events — ‘Loi Evin’)

(2004/C 228/09)

(Language of the case: French)

In Case C-262/02: Commission of the European Communities
(Agent: H. van Lier) supported by United Kingdom of Great
Britain and Northern Ireland (Agent: K. Manji and K. Beal) v
French Republic (Agents: G. de Bergues and R. Loosli-Surrans)
— application for a declaration that, by making television
broadcasting in France by French television channels of
sporting events taking place in other Member States conditional
on the prior removal of advertising for alcoholic beverages, the

French Republic has failed to fulfil its obligations under Article
59 of the EC Treaty (now, after amendment, Article 49 EC) —
the Court (Grand Chamber), composed of: V. Skouris, President,
P. Jann (Rapporteur), A. Rosas, C. Gulmann, J.-P. Puissochet
(Presidents of Chambers), R.
and J.N. Cunha-Rodrigues
Schintgen, S. von Bahr and R. Silva de Lapuerta,
Judges;
A. Tizzano, Advocate General; M. Múgica Arzamendi, Principal
Administrator,
for the Registrar, has given a judgment on
13 July 2004, in which it:

1. Dismisses the action.

2. Orders the Commission of the European Communities to pay the

costs.

3. Orders

the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 202 of 24.8.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 15 July 2004

in Case C-315/02 (reference for a preliminary ruling from
the Verwaltungsgerichtshof): Anneliese Lenz v Finanzlan-
desdirektion für Tirol (1)

(Free movement of capital — Tax on revenue from capital —
Revenue from capital of Austrian origin: tax rate of 25 % in
discharge or rate equal to half of the average tax rate on
aggregate income — Income from capital originating in
another Member State: normal tax rate)

(2004/C 228/10)

(Language of the case: German)

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

(Austria)

In Case C-315/02: reference to the Court under Article 234 EC
by the Verwaltungsgerichtshof
for a preliminary
ruling in the proceedings pending before that court between
Anneliese Lenz and Finanzlandesdirektion für Tirol — on the
interpretation of Articles 73b et 73d of the EC Treaty (now
Articles 56 EC and 58 EC) — the Court
(First Chamber),
composed: of P. Jann, President of the Chamber, A. Rosas, S.
von Bahr, R. Silva de Lapuerta and K. Lenaerts (Rapporteur),
Judges; A. Tizzano, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on 15
July 2004, the operative part of which is as follows: