CELEX: C2003/055/06
Language: en
Date: 2003-03-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 January 2003 In Joined Cases C-421/00, C-426/00 and C-16/01 (Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat für Kärnten, the Unabhängiger Verwaltungssenat Wien and Verwaltungsgerichtshof): Renate Sterbenz and Paul Dieter Haug (Approximation of laws — Articles 28 EC and 30 EC — Directive 79/112/EEC — Labelling and presentation of foodstuffs)

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
 ---pagebreak--- C 55/4                  EN                           Official Journal of the European Union                                              8.3.2003
and C-16/01), on the interpretation of Articles 28 EC and 30                 21 December 1989 on the coordination of the laws, regu-
EC and of Council Directive 79/112/EEC of 18 December                        lations and administrative provisions relating to the application
1978 on the approximation of the laws of the Member States                   of review procedures to the award of public supply and public
relating to the labelling, presentation and advertising of                   works contracts (OJ 1989 L 395, p. 33), as amended by
foodstuffs (OJ 1979 L 33, p. 1), as amended by Directive 97/                 Council Directive 92/50/EEC of 18 June 1992 relating to the
4/EC of the European Parliament and of the Council of                        coordination of procedures for the award of public service
27 January 1997 (OJ 1997 L 43, p. 21), the Court (Sixth                      contracts (OJ 1992 L 209, p. 1), and of Council Directive 93/
Chamber), composed of: R. Schintgen, President of the Second                 37/EEC of 14 June 1993 concerning the coordination of
Chamber, acting for the President of the Sixth Chamber,                      procedures for the award of public works contracts (OJ 1993
V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues                  L 199, p. 54), the Court (Sixth Chamber), composed of:
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;                       C. Gulmann, acting for the President of the Sixth Chamber,
R. Grass, Registrar, has given a judgment on 23 January 2003,                V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues
in which it has ruled:                                                       (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
                                                                             H. A. Rühl, Principal Administrator, for the Registrar, has
Articles 2(1)(b) and 15(1) and (2) of Council Directive 79/112/              given a judgment on 23 January 2003, in which it has ruled:
EEC of 18 December 1978 on the approximation of the laws of the
Member States relating to the labelling, presentation and advertising        1.    Council Directive 93/37/EEC of 14 June 1993 concerning the
of foodstuffs, as amended by Directive 97/4/EC of the European                     coordination of procedures for the award of public works
Parliament and of the Council of 27 January 1997, preclude a                       contracts does not preclude national rules which prohibit a
system such as that established by Paragraph 9(1) and (3) of the                   change in the composition of a group consortium taking part
Bundesgesetz über den Verkehr mit Lebensmitteln, Verzehrprodukten,                 in a procedure for the award of a public works contract or a
Zusatzstoffen, kosmetischen Mitteln und Gebrauchsgegenständen                      public works concession which occurs after submission of
(Lebensmittelgesetz 1975) (Federal Law on trade in foodstuffs,                     tenders;
products intended for human consumption, additives, cosmetic
                                                                             2.    In so far as a decision of a contracting authority adversely
products and consumer goods) which lays down a general prohibition,
                                                                                   affects the rights conferred on a consortium by Community law
subject to prior authorisation, of all health-related information on
                                                                                   in the context of a procedure for the award of a public contract,
the labelling and presentation of foodstuffs.
                                                                                   the consortium must be able to avail itself of the review
                                                                                   procedures provided for by Council Directive 89/665/EEC of
( 1) OJ C 28 of 27.01.2001.                                                        21 December 1989 on the coordination of the laws, regulations
                                                                                   and administrative provisions relating to the application of
                                                                                   review procedures to the award of public supply and public
                                                                                   works contracts, as amended by Council Directive 92/50/EEC
                                                                                   of 18 June 1992 relating to the coordination of procedures for
                                                                                   the award of public service contracts.
                 JUDGMENT OF THE COURT
                                                                             (1 ) OJ C 150 of 19.5.2001.
                         (Sixth Chamber)
                        of 23 January 2003
in Case C-57/01 (Reference for a preliminary ruling                                            JUDGMENT OF THE COURT
from the Dioikitiko Efeteio Athinon): Makedoniko Metro,
             Mikhaniki AE v Elliniko Dimosio ( 1),                                                      (Sixth Chamber)
(Public works contracts — Rules for participating — Group                                              of 30 January 2003
of contractors submitting a tender — Change in the compo-
sition of the group — Prohibition laid down in the contract                  in Case C-226/01: Commission of the European Communi-
documents — Compatibility with Community law — Review                                          ties v Kingdom of Denmark (1)
                            procedures)
                                                                             (Failure by a Member State to fulfil its obligations —
                          (2003/C 55/07)                                     Quality of bathing water — Inadequate implementation of
                                                                                                     Directive 76/160/EEC)
                    (Language of the case: Greek)
                                                                                                         (2003/C 55/08)
(Provisional translation; the definitive translation will be published                            (Language of the case: Danish)
                   in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-57/01: Reference to the Court under Article 234 EC
by the Diikitiko Efetio Athinon (Greece) for a preliminary
ruling in the proceedings pending before that court between                  In Case C-226/01, Commission of the European Communities
Makedoniko Metro, Mikhaniki AE and Elliniko Dimosio,                         (Agent: H. C. Støvlbæk) v Kingdom of Denmark (Agents:
on the interpretation of Council Directive 89/665/EEC of                     J. Molde and J. Bering Liisberg): Application for a declaration