CELEX: C2003/055/02
Language: en
Date: 2003-03-08 00:00:00
Title: Judgment of the Court of 21 January 2003 in Case C-512/99: Federal Republic of Germany v Commission of the European Communities (Approximation of laws — Directive 97/69/EC — Dangerous substances — More stringent national provisions — Application ratione temporis of Article 95 EC — Duty of cooperation — Conditions for the approval of new national provisions)

8.3.2003                EN                           Official Journal of the European Union                                                C 55/1
                                                                          I
                                                                   (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    Dismisses the action;
                                                                             2.    Orders the Federal Republic of Germany to pay the costs.
                        of 28 January 2003
                                                                             (1 ) OJ C 366 of 18.12.1999.
in Case C-334/99: Federal Republic of Germany v Com-
          mission of the European Communities (1)
(EC and ECSC Treaties — State aid — Composition of the
Commission — Notification to the Commission of aid and
                                                                                              JUDGMENT OF THE COURT
planned aid — Concept and substance of notification —
Scope of the ECSC Treaty — Fifth Steel Aid Code — Powers
of the Commission ratione temporis — Article 87(2)(c) EC                                             of 21 January 2003
— Privatisation procedure — Private investor test —
               Invitation to bid — Transparency)                             in Case C-512/99: Federal Republic of Germany v Com-
                                                                                        mission of the European Communities (1)
                          (2003/C 55/01)                                     (Approximation of laws — Directive 97/69/EC — Danger-
                                                                             ous substances — More stringent national provisions —
                                                                             Application ratione temporis of Article 95 EC — Duty of
                   (Language of the case: German)                            cooperation — Conditions for the approval of new national
                                                                                                          provisions)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                      (2003/C 55/02)
                                                                                                (Language of the case: German)
In Case C-334/99, Federal Republic of Germany (Agent:                        (Provisional translation; the definitive translation will be published
C.-D. Quassowski, assisted by J. Sedemund) v Commission of                                      in the European Court Reports)
the European Communities (Agents: D. Triantafyllou and
K.-D. Borchardt): Application for annulment of Articles 4 to 7
of Commission Decision 1999/720/EC, ECSC of 8 July 1999                      In Case C-512/99, Federal Republic of Germany (Agents:
on State aid granted by Germany to Gröditzer Stahlwerke                      W.-D. Plessing and B. Muttelsee-Schön) v Commission of the
GmbH and its subsidiary Walzwerk Burg GmbH (OJ 1999                          European Communities (Agent: G. zur Hausen) supported by
L 292, p. 27), the Court, composed of: G.C. Rodríguez Iglesias,              Republic of Finland (Agents: T. Pynnä and E. Bygglin):
President, J.-P. Puissochet, M. Wathelet, R. Schintgen and                   Application for annulment of Commission Decision 1999/
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,                      836/EC of 26 October 1999 on the national provisions
D.A.O. Edward, A. La Pergola, V. Skouris (Rapporteur),                       concerning mineral wool notified by Germany derogating
S. von Bahr and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo                 from Directive 97/69/EC adapting to technical progress for
Colomer, Advocate General; H.A. Rühl, Principal Adminis-                     the 23rd time Council Directive 67/548/EEC on the approxi-
trator, for the Registrar, has given a judgment on 28 January                mation of the laws, regulations and administrative provisions
2003, in which it:                                                           relating to the classification, packaging and labelling of
 ---pagebreak--- 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