Case C-380/03: Judgment of the Court (Grand Chamber) of 12 December 2006 — Federal Republic of Germany v European Parliament and Council of the European Union (Action for annulment — Approximation of laws — Directive 2003/33/EC — Advertising and sponsorship in respect of tobacco products — Annulment of Articles 3 and 4 — Choice of legal basis — Articles 95 EC and 152 EC — Principle of proportionality)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, Germany, action for annulment (EU), advertising, competition, sponsorship, tobacco

30.12.2006

EN

Official Journal of the European Union

C 331/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Grand Chamber) of 12 December
2006 — Federal Republic of Germany v European Parlia-
ment and Council of the European Union

the laws and regulations of the Member States for the purposes
of protecting human health (Article 152 EC)

(Case C-380/03) (1)

Operative part of the judgment

(Action for annulment — Approximation of laws — Directive
2003/33/EC — Advertising and sponsorship in respect of
tobacco products — Annulment of Articles 3 and 4 — Choice
of legal basis — Articles 95 EC and 152 EC — Principle of
proportionality)

(2006/C 331/01)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M.
Lumma, W.-D. Plessing and C.-D. Quassowski, acting as Agents,
and J. Sedemund, Rechtsanwalt)

Defendants: European Parliament (represented by: R. Passos, E.
Waldherr and U. Rösslein, acting as Agents), Council of the
European Union (represented by: E. Karlsson and J.-P. Hix,
acting as Agents)

Interveners in support of the defendants: Kingdom of Spain (repre-
sented by: L. Fraguas Gadea and M. Rodríguez Cárcamo, acting
as Agents), Republic of Finland (represented by: A. Guimaraes-
Purokoski and E. Bygglin, acting as Agents), French Republic
(represented by: G. de Bergues and R. Loosli-Surrans, acting as
Agents), Commission of
the European Communities (repre-
sented by: M.-J. Jonczy, L. Pignataro-Nolin and F. Hoffmeister,
acting as Agents)

Re:

The Court:

1. Dismisses the action;

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

3. Orders the Kingdom of Spain, the French Republic, the Republic of
Finland and the Commission of the European Communities each to
bear their own costs.

(1) OJ C 275, 15.11.2003.

Judgment of the Court (Second Chamber) of 14 December
the European Communities v
2006 — Commission of

Kingdom of Spain

(Joined Cases C-485/03 to C-490/03) (1)

(State aid — Aid schemes — Incompatibility with the
common market — Time-limit for execution of the Commis-
sion's decisions — Abolition of aid schemes — Cancellation
of outstanding aid — Recovery of aid made available — Abso-
lute impossibility of giving effect to a decision)

(2006/C 331/02)

Language of the case: Spanish

Annulment of Articles 3 and 4 of Directive 2003/33/EC of the
European Parliament and of the Council of 26 May 2003 on
the approximation of the laws, regulations and administrative
provisions of the Member States relating to the advertising and
sponsorship of tobacco products (OJ 2003 L 152, p. 16) —
Legal basis (Article 95 EC) — Attainment of the objective of the
that
establishment of
activity — Scope of the prohibition on any harmonisation of

the internal market by prohibition of

Parties

Applicant: Commission of the European Communities (repre-
sented by: J.L. Buendía Sierra and F. Castillo de la Torre, Agents)

Defendant: Kingdom of Spain (represented by: N. Díaz Abad,
Agent)