CELEX: C2003/055/04
Language: en
Date: 2003-03-08 00:00:00
Title: Judgment of the Court of 21 January 2003 in Case C-318/00 (Reference for a preliminary ruling from the High Court of Justice (England & Wales, Queen's bench Division): Bacardi-Martini SAS, Cellier des Dauphins v Newcastle United Football Company Ltd, (Reference for a preliminary ruling — Freedom to provide services — Refusal to display advertisements for alcoholic drinks at a sporting event taking place in a Member State whose law allows television advertising for alcoholic drinks but being broadcast on television in another Member State whose law prohibits such advertising — Relevance of the questions for the outcome of the main proceedings)

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
 ---pagebreak--- 8.3.2003                EN                           Official Journal of the European Union                                                C 55/3
des Dauphins and Newcastle United Football Company Ltd,                      powers conferred on the Commission (OJ 1999 L 184, p. 23),
on the interpretation of Article 59 of the EC Treaty (now,                   the Court, composed of: G.C. Rodríguez Iglesias, President,
after amendment, Article 49 EC), the Court, composed of:                     J.-P. Puissochet and M. Wathelet (Presidents of Chambers),
G.C. Rodríguez Iglesias, President, J.-P. Puissochet and                     C. Gulmann, A. La Pergola (Rapporteur), P. Jann, V. Skouris,
M. Wathelet (Presidents of Chambers), C. Gulmann,                            F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
D.A.O. Edward, P. Jann (Rapporteur), V. Skouris, F. Macken,                  Judges; L.A. Geelhoed, Advocate General; M.-F. Contet, Admin-
N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges;                   istrator, for the Registrar, has given a judgment on 21 January
A. Tizzano, Advocate General; L. Hewlett, Principal Adminis-                 2003, in which it:
trator, for the Registrar, has given a judgment on 21 January
2003, in which it has ruled:                                                 1.    Annuls Article 11(2) of Regulation (EC) No 1655/2000 of
                                                                                   the European Parliament and of the Council of 17 July 2000
The reference for a preliminary ruling made by the High Court of                   concerning the Financial Instrument for the Environment
Justice of England and Wales, Queen’s Bench Division, by order of                  (LIFE);
28 July 2000 is inadmissible.
                                                                             2.    Declares that the measures for the implementation of Regulation
                                                                                   No 1655/2000 already adopted at the time of the present
( 1) OJ C 302 of 21.10.2000.                                                       judgment are not affected by it;
                                                                             3.    Declares that the effects of Article 11(2) of Regulation
                                                                                   No 1655/2000 are to be fully maintained until the Parliament
                                                                                   and the Council adopt new provisions concerning the committee
                                                                                   procedure to which the measures for the implementation of that
                                                                                   regulation are subject;
                 JUDGMENT OF THE COURT                                       4.    Orders the European Parliament and the Council of the
                                                                                   European Union to pay the costs.
                        of 21 January 2003
                                                                             (1 ) OJ C 355 of 9.12.2000.
in Case C-378/00: Commission of the European Communi-
ties v European Parliament and Council of the European
                              Union ( 1)
(Comitology — Council Decision 1999/468/EC laying down                                        JUDGMENT OF THE COURT
the procedures for the exercise of implementing powers
conferred on the Commission — Criteria for choosing                                                   (Sixth Chamber)
between the different procedures for adopting implementing
measures — Effects — Obligation to state reasons —                                                   of 23 January 2003
Annulment in part of Regulation (EC) No 1655/2000 of the
European Parliament and of the Council concerning the
                                                                             In Joined Cases C-421/00, C-426/00 and C-16/01 (Refer-
       Financial Instrument for the Environment (LIFE))
                                                                             ence for a preliminary ruling from the Unabhängiger
                                                                             Verwaltungssenat für Kärnten, the Unabhängiger Verwal-
                          (2003/C 55/05)                                     tungssenat Wien and Verwaltungsgerichtshof): Renate
                                                                                            Sterbenz and Paul Dieter Haug (1)
                    (Language of the case: French)
                                                                             (Approximation of laws — Articles 28 EC and 30 EC —
                                                                             Directive 79/112/EEC — Labelling and presentation of
(Provisional translation; the definitive translation will be published                                     foodstuffs)
                   in the European Court Reports)
                                                                                                       (2003/C 55/06)
In Case C-378/00, Commission of the European Communities                                        (Language of the case: German)
(Agent: D. Maidani) v European Parliament (Agents: C. Pennera
and M. Moore), and Council of the European Union (Agents:                    (Provisional translation; the definitive translation will be published
J.-P. Jacqué and G. Houttuin) supported by United Kingdom of                                    in the European Court Reports)
Great Britain and Northern Ireland (Agent: G. Amodeo, assisted
by M. Hoskins): Application for the annulment of Regulation
(EC) No 1655/2000 of the European Parliament and of the                      In Joined Cases C-421/00, C-426/00 and C-16/01: References
Council of 17 July 2000 concerning the Financial Instrument                  to the Court under Article 234 EC by the Unabhängiger
for the Environment (LIFE) (OJ 2000 L 192, p. 1), in so far as               Verwaltungssenat für Kärnten (Austria), the Unabhängiger
it makes the adoption of measures for the implementation of                  Verwaltungssenat Wien (Austria) and the Verwaltungsgerichts-
the LIFE programme subject to the regulatory procedure under                 hof (Austria) respectively for preliminary rulings in the
Article 5 of Council Decision 1999/468/EC of 28 June 1999                    criminal proceedings pending before those courts against
laying down the procedures for the exercise of implementing                  Renate Sterbenz (C-421/00) and Paul Dieter Haug (C-426/00