CELEX: C2002/109/21
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) 5 March 2002 in Case C-386/00 (Reference for a preliminary ruling from the Cour d'Appel de Bruxelles): Axa Royale Belge SA v Georges Ochoa Stratégie Finance SPRL (Directive 92/96/EEC — Direct life assurance — Information for policy-holders)

4.5.2002                 EN                       Official Journal of the European Communities                                             C 109/13
—     a system imposing a minimum reference price on all                     Luxembourg (agent: J. Faltz): Application for a declaration
      cigarettes, and                                                        that, by failing to adopt or, in the alternative, to notify to
                                                                             the Commission, within the prescribed period, the laws,
—     a system imposing different tax rates on dark-tobacco                  regulations and administrative provisions necessary fully to
      and light-tobacco cigarettes, to the disadvantage of the               comply with Council Directive 97/11/EC of 3 March 1997
      latter,                                                                amending Directive 85/337/EEC on the assessment of the
the French Republic has failed to fulfil its obligations under               effects of certain public and private projects on the environ-
Article 9(1), Article 8(2) and Article 16(5) of Council Directive            ment (OJ 1997 L 73, p. 5), the Grand Duchy of Luxembourg
95/59/EC of 27 November 1995 on taxes other than turnover                    has failed to fulfil its obligations under the EC Treaty, the
taxes which affect the consumption of manufactured tobacco                   Court (Third Chamber), composed of: F. Macken, President of
(OJ 1995 L 291, p. 40), as amended by Council Directive                      the Chamber, J.-P. Puissochet (Rapporteur) and J.N. Cunha
1999/81/EC of 29 July 1999 (OJ 1999 L 211, p. 47), and                       Rodrigues, Judges; S. Alber, Advocate General; R. Grass,
Article 2 of Council Directive 92/79/EEC of 19 October 1992                  Registrar has given a judgment on 19 February 2002, in which
on the approximation of taxes on cigarettes (OJ 1992 L 316,                  it:
p. 8), and under the first paragraph of Article 95 of the EC
Treaty (now, after amendment, the first paragraph of Article 90              1.    Declares that, by failing to bring into force, within the
EC), or alternatively under the second paragraph of Article 95                     prescribed period, the laws, regulations and administrative
of the EC Treaty, the Court (Fifth Chamber), composed of:                          provisions necessary to comply with Council Directive
P. Jann, President of the Chamber, S. von Bahr (Rapporteur)                        97/11/EC of 3 March 1997 amending Directive 85/337/EEC
and A. La Pergola, Judges; S. Albert, Advocate General;                            on the assessment of the effects of certain public and private
H. von Holstein, Deputy Registrar, has given a judgment on                         projects on the environment, the Grand Duchy of Luxembourg
27 February 2002, in which it:                                                     has failed to fulfil its obligations under the first subparagraph
                                                                                   of Article 3(1) of that directive and under the EC Treaty;
1.    Declares that, by maintaining in force
      —     a system imposing a minimum reference price on all               2.    Orders the Grand Duchy of Luxembourg to pay the costs.
            cigarettes sold under the same brand and
      —     a system imposing a different rate of tax for dark- and          (1) OJ C 316 of 4.11.2000.
            light-tobacco cigarettes, to the detriment of the latter,
      the French Republic has failed to fulfil its obligations under
      Article 9(1), Article 8(2) and Article 16(5) of Council Directive
      95/59/EC of 27 November 1995 on taxes other than turnover
      taxes which affect the consumption of manufactured tobacco, as
      amended by Council Directive 1999/81/EC of 29 July 1999,                                 JUDGMENT OF THE COURT
      Article 2 of Council Directive 92/79/EEC of 19 October 1992
      on the approximation of taxes on cigarettes and the first
      paragraph of Article 95 of the EC Treaty;                                                         (Sixth Chamber)
2.    The French Republic is ordered to pay the costs.                                                    5 March 2002
(1) OJ C 285 of 7.10.2000.
                                                                             in Case C-386/00 (Reference for a preliminary ruling from
                                                                             the Cour d’Appel de Bruxelles): Axa Royale Belge SA v
                                                                                       Georges Ochoa Stratégie Finance SPRL (1)
                  JUDGMENT OF THE COURT                                      (Directive 92/96/EEC — Direct life assurance — Infor-
                                                                                                  mation for policy-holders)
                          (Third Chamber)
                          19 February 2002                                                              (2002/C 109/21)
in Case C-366/00: Commission of the European Communi-
             ties v Grand Duchy of Luxembourg (1)                                                 (Language of the case: French)
(Failure by a Member State to fulfil its obligations —                       (Provisional translation; the definitive translation will be published
       Incomplete transposition of Directive 97/11/EC)                                           in the European Court Reports)
                           (2002/C 109/20)
                     (Language of the case: French)                          In Case C-386/00: Reference to the Court under Article 234
                                                                             EC by the Cour d’Appel de Bruxelles (Belgium) for a preliminary
(Provisional translation; the definitive translation will be published
                                                                             ruling in the proceedings pending before that court between
                    in the European Court Reports)
                                                                             Axa Royale Belge SA and Georges Ochoa Stratégie Finance
                                                                             SPRL, on the interpretation of Council Directive 92/96/EEC of
In Case C-366/00, Commission of the European Communities                     10 November 1992 on the coordination of laws, regulations
(agents: R. Tricot and P. Panayotopoulos) v Grand Duchy of                   and administrative provisions relating to direct life assurance
 ---pagebreak--- C 109/14                 EN                      Official Journal of the European Communities                                           4.5.2002
and amending Directives 79/267/EEC and 90/619/EEC (third                    in Articles 11 and 4(1) of Council Directive 96/59/EC of
life assurance Directive) (OJ 1992 L 360, p. 1) the Court (Sixth            16 September 1996 on the disposal of polychlorinated
Chamber), composed of: N. Colneric, President of the Second                 biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996
Chamber, acting for the President of the Sixth Chamber,                     L 243, p. 31), the Italian Republic has failed to fulfil its
C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha Rodrigues               obligations under those provisions, the Court (Fourth Chamb-
(Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,             er), composed of: S. von Bahr, President of the Chamber,
Principal Administrator, for the Registrar, has given a judgment            D.A.O. Edward and C.W.A. Timmermans (Rapporteur), Judges;
on 5 March 2002, in which it has ruled:                                     P. Léger, Advocate General; R. Grass, Registrar, has given a
                                                                            judgment on 27 February 2002, in which it:
Article 31(3) of Council Directive 92/96/EEC of 10 November
                                                                            1.    Declares that, by failing to draw up and communicate to the
1992 on the coordination of laws, regulations and administrative
                                                                                  Commission of the European Communities, by 16 September
provisions relating to direct life assurance and amending Directives
                                                                                  1999 at the latest, the summaries of inventories provided for
79/267/EEC and 90/619/EEC (third life assurance Directive)
                                                                                  in Article 4(1) of Council Directive 96/59/EC of 16 September
precludes national legislation which provides that a life-assurance
                                                                                  1996 on the disposal of polychlorinated biphenyls and polych-
proposal, or in the absence of a proposal, a life-assurance policy must
                                                                                  lorinated terphenyls (PCB/PCT) and the plans and outlines
inform the policy-holder that cancellation, reduction or surrender of
                                                                                  provided for in Article 11 of the same directive, the Italian
an existing life-assurance contract for the purpose of subscribing to
                                                                                  Republic has failed to fulfil its obligations under those
another life-assurance policy is generally detrimental to the policy-
                                                                                  provisions.
holder.
                                                                            2.    Orders the Italian Republic to pay the costs.
(1) OJ C 355 of 9.12.2000.
                                                                            (1) OJ C 108 of 7.4.2001.
                                                                                              JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                     (Second Chamber)
                          (Fourth Chamber)
                                                                                                      27 February 2002
                          27 February 2002
                                                                            in Case C-140/01: Commission of the European Communi-
                                                                                              ties v Kingdom of Belgium (1)
in Case C-46/01: Commission of the European Communi-
                      ties v Italian Republic (1)
                                                                            (Failure by a Member State to fulfil its obligations —
                                                                            Directive 98/18/EC — Transport by sea — Safety rules and
(Failure by a Member State to fulfil its obligations —                                        standards for passenger ships)
Waste management — Directive 96/59/EC — Disposal of
  polychlorinated biphenyls and polychlorinated terphenyls)
                                                                                                       (2002/C 109/23)
                           (2002/C 109/22)                                                       (Language of the case: French)
                     (Language of the case: Italian)                        (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            In Case C-140/01, Commission of the European Communities
                                                                            (Agent: B. Mongin) v Kingdom of Belgium (Agent: A. Snoecx):
                                                                            Application for a declaration that, by failing to notify the
In Case C-46/01, Commission of the European Communities                     Commission of the laws, regulations and administrative pro-
(agents: H. Støvlbaek and R. Amorosi) v Italian Republic                    visions necessary to comply with Council Directive 98/18/EC
(agent: U. Leanza, assisted by M. Fiorilli): Application for a              of 17 March 1998 on safety rules and standards for passenger
declaration that, by failing to draw up and communicate to                  ships (OJ 1998 L 144, p. 1), or to adopt the measures necessary
the Commission by 16 September 1999 the appropriate                         to comply therewith, the Kingdom of Belgium has failed to
plans, outlines and summaries of inventories provided for                   fulfil its obligations under that directive and under the EC