Judgment of the Court (Grand Chamber) of 14 December 2004 in Case C-210/03 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)): The Queen, on the application of: Swedish Match AB, Swedish Match UK Ltd v Secretary of State for Health (Directive 2001/37/EC — Manufacture, presentation and sale of tobacco products — Article 8 — Prohibition of placing on the market of tobacco products for oral use — Validity — Interpretation of Articles 28 EC to 30 EC — Compatibility of national legislation laying down the same prohibition)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: anti-discriminatory measure, interpretation of the law, ownership, tobacco, tobacco industry

19.2.2005

EN

Official Journal of the European Union

C 45/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 9 December 2004

in Case C-177/03: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
89/618/Euratom — Informing the general public in the event
of a radiological emergency — Non-transposition)

(Grand Chamber)

of 14 December 2004

in Case C-210/03 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen's
Bench Division (Administrative Court)): The Queen, on
the application of: Swedish Match AB, Swedish Match UK
Ltd v Secretary of State for Health (1)

(Directive 2001/37/EC — Manufacture, presentation and
sale of tobacco products — Article 8 — Prohibition of
placing on the market of tobacco products for oral use —
Validity — Interpretation of Articles 28 EC to 30 EC —
Compatibility of national legislation laying down the same
prohibition)

(2005/C 45/13)

(Language of the case: French)

(2005/C 45/14)

(Language of the case: English)

the European Communities

In Case C-177/03: action under Article 141 EA for failure to
fulfil obligations, brought on 16 April 2003, between
Commission of
(Agents:
J. Grunwald and B. Stromsky) and French Republic (Agents:
G. de Bergues and E. Puisais) – the Court (First Chamber),
composed of: P. Jann, President of the Chamber, K. Lenaerts,
J.N. Cunha Rodrigues (Rapporteur), M.
Ilešič and E. Levits,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 9 December 2004, in which it:

1. Declares that, by failing to take by 27 October 2000 all the
measures needed to comply with Articles 2, 3, 6 and 7 of Council
Directive 89/618/Euratom of 27 November 1989 on informing
the general public about health protection measures to be applied
and steps to be taken in the event of a radiological emergency, the
its obligations under that
French Republic has failed to fulfil
Directive;

2. For the rest, dismisses the application;

3. Orders the parties to bear their own costs.

(1) OJ C 146 of 21.6.2003.

In Case C-210/03: reference for a preliminary ruling under
Article 234 EC from the High Court of Justice of England and
Wales, Queen's Bench Division (Administrative Court), made
by decision of 17 April 2003, received at the Court on 15 May
2003, in the proceedings between The Queen, on the applica-
tion of: Swedish Match AB, Swedish Match UK Ltd and
Secretary of State for Health – the Court (Grand Chamber),
composed of: V. Skouris, President, P. Jann, C.W.A. Timmer-
mans and K. Lenaerts, Presidents of Chambers, C. Gulmann, J.-
P. Puissochet, N. Colneric, S. von Bahr and J.N. Cunha Rodri-
gues (Rapporteur), Judges; L.A. Geelhoed, Advocate General; H.
von Holstein, Deputy Registrar, and subsequently M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 14 December 2004, in which it has ruled:

1. Consideration of the second question has not disclosed any factor
of such a kind as to affect the validity of Article 8 of Directive
2001/37/EC of the European Parliament and of the Council of 5
June 2001 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning the
manufacture, presentation and sale of tobacco products.

2. Where a national measure prohibits the marketing of tobacco
products for oral use in accordance with the provisions of Article 8
of Directive 2001/37, there is no need to ascertain separately
whether that national measure complies with Articles 28 EC and
29 EC.

(1) OJ C 171 of 19.7.2003.