CELEX: C2003/019/36
Language: en
Date: 2003-01-25 00:00:00
Title: Case C-429/02: Reference for a preliminary ruling by the Cour de cassation (France), chambre commerciale, financière et économique, by judgment of that Court of 19 November 2002 in the case of Bacardi-Martini SAS against Télévision France TF1 S.A., Groupe Jean-Claude Darmon S.A. and Girosport Sàrl

25.1.2003               EN                    Official Journal of the European Communities                                           C 19/21
Reference for a preliminary ruling by the Cour de                               (a)   refrain from broadcasting television programmes,
cassation (France), chambre commerciale, financière et                                such as in particular retransmissions of sporting
économique, by judgment of that Court of 19 November                                  events, whether taking place in France or in other
2002 in the case of Bacardi-Martini SAS against Télévision                            countries of the Union, where they show prohibited
France TF1 S.A., Groupe Jean-Claude Darmon S.A. and                                   advertisements within the meaning of the French
                           Girosport Sàrl                                             Code des débits de boissons, or
                                                                                (b) broadcast them on condition that prohibited adver-
                                                                                      tisements within the meaning of the French Code
                          (Case C-429/02)                                             des débits de boissons do not appear, thereby
                                                                                      preventing the conclusion of advertising contracts
                                                                                      concerning alcoholic drinks whether of national
                                                                                      origin or from other Member States of the Union.
                           (2003/C 19/36)
                                                                         (1 ) Council Directive 89/552/EEC of 3 October 1989 on the coordi-
                                                                              nation of certain provisions laid down by Law, Regulation or
                                                                              Administrative Action in Member States concerning the pursuit
                                                                              of television broadcasting activities (OJ L 298 of 17.10.1989,
                                                                              p. 23).
Reference has been made to the Court of Justice of the                   (2 ) Directive 97/36/EC of the European Parliament and of the Council
European Communities by judgment of the Cour de cassation                     of 30 June 1997 amending Council Directive 89/552/EEC on the
— chambre commerciale, financière et économique (Commer-                      coordination of certain provisions laid down by law, regulation
cial, Financial and Economic Division) of 19 November 2002,                   or administrative action in Member States concerning the pursuit
                                                                              of television broadcasting activities (OJ L 202 of 30.7.1997,
received at the Court Registry on 27 November 2002, for a
                                                                              p. 60).
preliminary ruling in the case of Bacardi-Martini SAS against
Télévision France TF1 S.A., Groupe Jean-Claude Darmon S.A.
and Girosport Sàrl on:
1.     whether Directive 89/552/EEC (1) of 3 October 1989, in
       the version prior to that of Directive 97/36/EC (2) of
       30 June 1997, precludes national legislation such as
       Articles L.17 to L.21 of the French Code des débits de            Action brought on 28 November 2002 by the Com-
       boissons (Code of Licensed Premises) and Article 8 of             mission of the European Communities against the Italian
       Decree No 92280 of 27 March 1992 from prohibiting,                                               Republic
       for reasons of the protection of public health and on pain
       of criminal penalties, advertising for alcoholic drinks,
       whether of national origin or from other Member States                                       (Case C-430/02)
       of the Union, on television, whether in the form of
       advertising spots within the meaning of Article 10 of the
       directive or of indirect advertising as a result of panels                                    (2003/C 19/37)
       advertising alcoholic drinks appearing on television with-
       out thereby constituting surreptitious advertising within
       the meaning of Article 1(c) of the directive;
                                                                         An action against the Italian Republic was brought before the
                                                                         Court of Justice of the European Communities on 28 Novem-
2.     whether Article 49 EC and the principle of the free               ber 2002 by the Commission of the European Communities,
       movement of television broadcasts within the Union                represented by Claire-Françoise Durand and Roberto Amorosi,
       must be interpreted as precluding a national provision            acting as Agents.
       such as that in Articles L.17 to L.21 of the French Code
       des débits de boissons and Article 8 of Decree No 92280
       of 27 March 1992 which prohibits, for reasons of the              The applicant claims that the Court should:
       protection of public health and on pain of criminal
       penalties, advertising for alcoholic drinks, whether of
       national origin or from other Member States of the                —      Declare that, by failing to adopt all the provisions
       Union, on television, whether in the form of advertising                 necessary to repeal or amend the rules governing quality
       spots within the meaning of Article 10 of the directive or               labels of the Abruzzi Region the Region of Sicily, which
       of indirect advertising as a result of panels advertising                labels were introduced by Leggi Regionali (Regional Laws)
       alcoholic drinks appearing on television without thereby                 31/1982 and 14/1966, the Italian Republic has failed to
       constituting surreptitious advertising within the meaning                fulfil its obligations under Article 28 of the Treaty
       of Article 1(c) of the directive, from having the effect                 establishing the European Community;
       that operators responsible for the broadcasting and
       distribution of television programmes:                            —      Order the Italian Republic to pay the costs.