CELEX: C2002/323/25
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 24 October 2002 in Case C-82/01 P: Aéroports de Paris v Commission of the European Communities (Appeal — Competition — Air transport — Airport management — Abuse of dominant position — Discriminatory fees)

C 323/20                 EN                      Official Journal of the European Communities                                        21.12.2002
Article 40 of Council Regulation (EEC) No 2392/89 of 24 July                1.    Dismisses the appeal;
1989 laying down general rules for the description and presentation
of wines and grape musts, as amended by Council Regulation (EEC)            2.    Orders Aéroports de Paris to pay the costs.
No 3897/91 of 16 December 1991, is to be interpreted as not
prohibiting the use of a trade mark which contains a geographical           (1 ) OJ C 118 of 21.4.2001.
reference and is intended for use in connection with the sale of wine
and is likely to give the false impression that the geographical
reference is protected, unless there is a real risk that use of such a
mark will mislead consumers and, as a result, alter their economic
behaviour. It is a matter for the national court to determine whether
or not that is the case.                                                                      JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
( 1) OJ C 108 of 7.4.2001.
                                                                                                    of 24 October 2002
                                                                            in Case C-99/01 (Reference for a preliminary ruling from
                                                                            the Verwaltungsgerichtshof): Gottfried Linhart v Hans
                                                                                                           Biffl ( 1)
                                                                            (Approximation of laws — Articles 30 and 36 of the EC
                                                                            Treaty (now, after amendment, Articles 28 EC and 30 EC)
                  JUDGMENT OF THE COURT
                                                                            — Directive 76/768/EEC relating to cosmetic products —
                                                                            Directive 84/450/EEC concerning misleading advertising —
                          (Sixth Chamber)                                   National legislation laying down restrictions on advertising)
                                                                                                       (2002/C 323/26)
                         of 24 October 2002
                                                                                                (Language of the case: German)
in Case C-82/01 P: Aéroports de Paris v Commission of
                                                                            (Provisional translation; the definitive translation will be published
                  the European Communities (1)
                                                                                                in the European Court Reports)
(Appeal — Competition — Air transport — Airport man-
agement — Abuse of dominant position — Discriminatory                       In Case C-99/01: Reference to the Court under Article 234 EC
                                 fees)                                      by the Verwaltungsgerichtshof (Austria) for a preliminary
                                                                            ruling in the proceedings pending before that court against
                                                                            Gottfried Linhart and Hans Biffl, on the interpretation of
                           (2002/C 323/25)                                  Articles 30 and 36 of the EC Treaty (now, after amendment,
                                                                            Articles 28 EC and 30 EC) and Council Directive 76/768/EEC
                                                                            of 27 July 1976 on the approximation of the laws of the
                     (Language of the case: French)                         Member States relating to cosmetic products (OJ 1976 L 262,
                                                                            p. 169), as amended by Council Directive 93/35/EEC of
                                                                            14 June 1993 (OJ 1993 L 151, p. 32), and Council Directive
(Provisional translation; the definitive translation will be published
                                                                            84/450/EEC of 10 September 1984 relating to the approxi-
                    in the European Court Reports)
                                                                            mation of the laws, regulations and administrative provisions
                                                                            of the Member States concerning misleading advertising (OJ
                                                                            1984 L 250, p. 17), the Court (Sixth Chamber), composed of:
                                                                            J.-P. Puissochet, President of the Chamber, R. Schintgen,
In Case C-82/01 P, Aéroports de Paris (Agent: H. Calvet):                   V. Skouris, F. Macken and J.N. Cunha Rodrigues (Rapporteur),
Appeal against the judgment of the Court of First Instance of               Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
the European Communities (Third Chamber) of 12 December                     has given a judgment on 24 October 2002, in which it has
2000 in Case T-128/98 Aéroports de Paris v Commission                       ruled:
[2000] ECR II-3929, seeking to have that judgment set aside,
the other parties to the proceedings being: Commission of the               1.    Article 6(3) of Council Directive 76/768/EEC of 27 July
European Communities (Agent: L. Pignataro, assisted by                            1976 on the approximation of the laws of the Member States
B. Geneste) and Alpha Flight Services SAS (Agents: L. Marville                    relating to cosmetic products, as amended by Council Directive
and A. Denants), the Court (Sixth Chamber), composed of:                          93/35/EEC of 14 June 1993, precludes national legislation
C. Gulmann, acting for the President of the Sixth Chamber,                        which prohibits reference to expert medical opinions in the
V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues                       marketing of cosmetic products — in particular, the use of the
(Rapporteur), Judges; J. Mischo, Advocate General; R. Grass,                      statement ‘dermatologically tested’ — if that reference does not
Registrar, has given a judgment on 24 October 2002, in which                      include information relating to the contents and outcome of
it:                                                                               those assessments.