CELEX: C2003/055/03
Language: en
Date: 2003-03-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 January 2003 in Case C-221/00: Commission of the European Communities v Republic of Austria (Failure by a Member State to fulfil its obligations — Approximation of laws — Articles 28 EC and 30 EC — Directive 79/112/EEC — Labelling and presentation of foodstuffs)

C 55/2                   EN                          Official Journal of the European Union                                                 8.3.2003
dangerous substances (OJ 1999 L 329, p. 100), the Court,                     1979 L 33, p. 1), as amended by Directive 97/4/EC of the
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-               European Parliament and of the Council of 27 January 1997
chet, M. Wathelet, R. Schintgen and C.W.A. Timmermans                        (OJ 1997 L 43, p. 21), and under Article 28 EC, the Court
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La                   (Sixth Chamber), composed of: C. Gulmann, acting for the
Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von                 President of the Sixth Chamber, V. Skouris, F. Macken,
Bahr, J.N. Cunha Rodrigues (Rapporteur) and A. Rosas, Judges;                N. Colneric and J.N. Cunha Rodrigues (Rapporteur), Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a               L.A. Geelhoed, Advocate General; M.-F. Contet, Administrator,
judgment on 21 January 2003, in which it:                                    for the Registrar, has given a judgment on 23 January 2003,
                                                                             in which it:
1.     Dismisses the action;
                                                                             1.     Declares that, by laying down a general prohibition of health-
2.     Orders the Federal Republic of Germany to pay the costs;                     related information on the labelling of foodstuffs for general
                                                                                    consumption and by subjecting the display of such information
3.     Orders the Republic of Finland to bear its own costs.                        to a prior authorisation procedure, the Republic of Austria has
                                                                                    failed to fulfil its obligations under Articles 2(1)(b) and 15(1)
( 1) OJ C 79 of 18.3.2000.                                                          and (2) 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, as amended by Directive 97/4/EC of the European
                                                                                    Parliament and of the Council of 27 January 1997;
                                                                             2.     Orders the Republic of Austria to pay the costs;
                  JUDGMENT OF THE COURT
                                                                             3.     Orders the Kingdom of Denmark to bear its own costs.
                          (Sixth Chamber)
                         of 23 January 2003                                  (1 ) OJ C 211 of 22.7.2000.
in Case C-221/00: Commission of the European Communi-
                   ties v Republic of Austria ( 1)
(Failure by a Member State to fulfil its obligations —
Approximation of laws — Articles 28 EC and 30 EC —
Directive 79/112/EEC — Labelling and presentation of                                            JUDGMENT OF THE COURT
                             foodstuffs)
                           (2003/C 55/03)                                                                of 21 January 2003
                    (Language of the case: German)                           in Case C-318/00 (Reference for a preliminary ruling from
                                                                             the High Court of Justice (England & Wales, Queen’s
(Provisional translation; the definitive translation will be published       bench Division): Bacardi-Martini SAS, Cellier des Dau-
                    in the European Court Reports)                                phins v Newcastle United Football Company Ltd (1),
                                                                             (Reference for a preliminary ruling — Freedom to provide
In Case C-221/00, Commission of the European Communities                     services — Refusal to display advertisements for alcoholic
(Agent: J. C. Schieferer) v Republic of Austria (Agent: H. Dossi)            drinks at a sporting event taking place in a Member State
supported by Kingdom of Denmark (Agent: C. P. Kristensen):                   whose law allows television advertising for alcoholic drinks
Application for a declaration that, by interpreting and applying             but being broadcast on television in another Member State
Paragraph 9(1) and (3) of the Bundesgesetz über den Verkehr                  whose law prohibits such advertising — Relevance of the
mit Lebensmitteln, Verzehrprodukten, Zusatzstoffen, kosme-                         questions for the outcome of the main proceedings)
tischen Mitteln und Gebrauchsgegenständen (Lebensmittelge-
setz 1975) (Federal Law on trade in foodstuffs, products                                                   (2003/C 55/04)
intended for human consumption, additives, cosmetic prod-
ucts and consumer goods) of 23 January 1975 as meaning
that health-related information on foodstuffs for general                                          (Language of the case: English)
consumption is prohibited in a general and absolute manner,
and by subjecting the affixing of such information to a prior
authorisation procedure, the Republic of Austria has failed to
fulfil its obligations under Articles 2(1)(b) and 15(1) and (2) of           In Case C-318/00: Reference to the Court under Article 234
Council Directive 79/112/EEC of 18 December 1978 on the                      EC by the High Court of Justice of England and Wales, Queen’s
approximation of the laws of the Member States relating to                   Bench Division, for a preliminary ruling in the proceedings
the labelling, presentation and advertising of foodstuffs (OJ                pending before that court between Bacardi-Martini SAS, Cellier