Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-429/02 (reference for a preliminary ruling from the Cour de Cassation (France): Bacardi France SAS v Télévision française 1 SA (TF1) and Others (Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Directive 89/552/CEE — Television without frontiers — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen of hoardings visible during the transmission of sporting events — ‘Loi Evin’)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: administrative cooperation, advertising, alcoholic beverage, audiovisual co-production, audiovisual communications policy, broadcasting, freedom to provide services, interpretation of the law, television

11.9.2004

EN

Official Journal of the European Union

C 228/9

JUDGMENT OF THE COURT

(Grand Chamber)

of 13 July 2004

2. Article 59 of the EC Treaty (now, after amendment, Article 49
EC) does not preclude a Member State from prohibiting television
advertising for alcoholic beverages marketed in that State, in the
case of indirect television advertising resulting from the appearance
on screen of hoardings visible during the retransmission of bi-
national sporting events taking place in other Member States.

in Case C-429/02 (reference for a preliminary ruling from
the Cour de Cassation (France): Bacardi France SAS v Télé-
vision française 1 SA (TF1) and Others (1)

(1) OJ C 19 of 25.1.2003.

(Article 59 of the EC Treaty (now, after amendment, Article
49 EC) — Directive 89/552/CEE — Television without fron-
tiers — Television broadcasting — Advertising — National
measure prohibiting television advertising for alcoholic
drinks marketed in that Member State, in the case of indirect
television advertising arising from the appearance on screen
of hoardings visible during the transmission of sporting
events — ‘Loi Evin’)

(2004/C 228/16)

(Language of the case: French)

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

In Case C-429/02: reference to the Court under Article 234 EC
by the Cour de Cassation (France) for a preliminary ruling in
the proceedings pending before that court between Bacardi
France SAS, formerly Bacardi-Martini SAS, and Télévision fran-
çaise 1 SA (TF1), Groupe Jean-Claude Darmon SA, Girosport
SARL, on the interpretation of Council Directive 89/552/CEE
of 3 October 1989 on the coordination of certain provisions
regulation or administrative action in
laid down by law,
Member States concerning the pursuit of
television broad-
casting activities (OJ 1989 L 298, p. 23) and 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 and J.N.
Cunha Rodrigues (Presidents of Chambers), R. Schintgen, S.
von Bahr and R. Silva de Lapuerta, Judges; A. Tizzano, Advo-
cate General; M. Múgica Arzamendi, Principal Administrator,
for the Registrar, gave a judgment on 13 July 2004, the opera-
tive part of which is as follows:

1. The

first

sentence

of Council Directive
of Article 2(2)
89/552/EEC of 3 October 1989 on the coordination of certain
provisions laid down by law, regulation or administrative action in
Member States concerning the pursuit of television broadcasting
activities does not preclude a Member State from prohibiting tele-
vision advertising for alcoholic beverages marketed in that State,
indirect television advertising resulting from the
in the case of
appearance on screen of hoardings visible during the retransmis-
sion of bi-national sporting events taking place in the territory of
other Member States.

That kind of indirect television advertising is not to be classed as
‘television advertising’ within the meaning of Articles 1(b), 10 and
11 of the directive.

JUDGMENT OF THE COURT

(First Chamber)

of 15 July 2004

in Case C-443/02 (reference for a preliminary ruling from
the Tribunale di Pordenone): Nicolas Schreiber (1)

(Article 28 EC — Directive 98/8/EC — Placing of biocidal
products on the market — National measure requiring
authorisation for the placing on the market of blocks of red
cedar wood having natural anti-moth properties)

(2004/C 228/17)

(Language of the case: Italian)

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

In Case C-443/02: reference to the Court under Article 234 EC
from the Tribunale di Pordenone (Italy) for a preliminary ruling
in the criminal proceedings before that court against Nicolas
Schreiber — on the interpretation of Directive 98/8/EC of the
European Parliament and of the Council of 16 February 1998
concerning the placing of biocidal products on the market (OJ
1998 L 123, p. 1), and Article 28 EC — the Court (First
Chamber), composed of: P. Jann (Rapporteur), President of the
Chamber, A. Rosas, S. von Bahr, R. Silva de Lapuerta and K.
Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; L.
Hewlett, Principal Administrator, for the Registrar, gave a judg-
ment on 15 July 2004, the operative part of which is as
follows:

1. Article 3(2)(ii) of Directive 98/8/EC of the European Parliament
and of the Council of 16 February 1998 concerning the placing
of biocidal products on the market does not preclude a Member
State from requiring prior authorisation for the marketing of
blocks of red cedar wood having natural anti-moth properties.

Such blocks cannot be classed as a product containing only a
‘basic substance’ such that they may be placed on the market in
Italy without prior authorisation or registration, but must be
classed as a ‘biocidal product’ within the meaning of Directive
98/8.