CELEX: C2003/044/04
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 January 2003 in Case C-14/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Free movement of goods — Directive 73/241/EEC — Cocoa and chocolate products containing fats other than cocoa butter — Products lawfully manufactured and marketed in the Member State of production under the sales name "chocolate" — Prohibition on marketing under that name in the Member State of marketing— Requirement to use the name "chocolate substitute")

22.2.2003                EN                          Official Journal of the European Union                                                       C 44/3
                  JUDGMENT OF THE COURT                                             in the Member State of production, and by requiring that those
                                                                                    products may only be marketed under the name ‘chocolate
                                                                                    substitute’, the Italian Republic has failed to fulfil its obligations
                           (Sixth Chamber)                                          under Article 30 of the Treaty (now, after amendment,
                                                                                    Article 28 EC);
                         of 16 January 2003                                  2.     Orders the Italian Republic to pay the costs.
in Case C-14/00: Commission of the European Communi-                         (1 ) OJ C 79 of 18.3.2000.
                      ties v Italian Republic (1)
(Failure by a Member State to fulfil obligations — Free
movement of goods — Directive 73/241/EEC — Cocoa and
chocolate products containing fats other than cocoa butter
— Products lawfully manufactured and marketed in the
Member State of production under the sales name ‘chocolate’
— Prohibition on marketing under that name in the Member
State of marketing— Requirement to use the name ‘chocolate                                       JUDGMENT OF THE COURT
                              substitute’)
                                                                                                          (Fifth Chamber)
                            (2003/C 44/04)
                                                                                                         of 9 January 2003
                     (Language of the case: Italian)
                                                                                  in Case C-76/00 P: Petrotub SA and Republica SA (1)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           (Appeal — Protection against dumping — Determination
                                                                             of the dumping margin — Choice of the ‘asymmetrical’
                                                                             calculation method — Article 2.4.2 of the Agreement on
                                                                             Implementation of Article VI of the GATT — Statement of
                                                                             reasons — Determination of normal value — Taking into
                                                                             account of sales made using compensation — Statement of
In Case C-14/00, Commission of the European Communities
(Agents: G. Valero Jordana and G. Bisogni) v Italian Republic                                                  reasons)
(Agent: U. Leanza, assisted by O. Fiumara): Application for a
declaration that, by prohibiting chocolate products containing                                             (2003/C 44/05)
vegetable fats other than cocoa butter, and which are lawfully
manufactured in Member States which authorise the addition
of such fats, from being marketed in Italy under the name used                                     (Language of the case: English)
in the Member State of origin, and by requiring that those
products may only be marketed under the name ‘chocolate
substitute’, the Italian Republic has failed to fulfil its obligations
under Article 30 of the EC Treaty (now, after amendment,
Article 28 EC), the Court (Sixth Chamber), composed of:                      In Case C-76/00 P, Petrotub SA, established in Roman
J.-P. Puissochet, President of the Chamber, R. Schintgen,                    (Romania), and Republica SA established in Bucharest (Roman-
V. Skouris (Rapporteur), N. Colneric and J.N. Cunha Rodrigues,               ia) (avocats: A. Merckx and P. Bentley): Two appeals against
Judges; S. Alber, Advocate General; D. Louterman-Hubeau,                     the judgment of the Court of First Instance of the European
Head of Division, for the Registrar, has given a judgment on                 Communities (Second Chamber, Extended Composition) of
16 January 2003, in which it:                                                15 December 1999 in Joined Cases T-33/98 and T-34/98
                                                                             Petrotub and Republica v Council [1999] ECR II-3837, seeking
                                                                             to have that judgment set aside, the other parties to the
1.    Declares that, by prohibiting cocoa and chocolate products             proceedings being: Council of the European Union (Agent: S.
      which comply with the requirements as to minimum content               Marquardt, assisted by G. Berrisch), defendant at first instance,
      laid down in point 1.16 of Annex I to Council Directive 73/            and Commission of the European Communities (Agents:
      241/EEC of 24 July 1973 on the approximation of the laws               V. Kreuschitz and S. Meany) intervener at first instance, the
      of the Member States relating to cocoa and chocolate products          Court (Fifth Chamber), composed of: M. Wathelet, President of
      intended for human consumption to which vegetable fats other           the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La
      than cocoa butter have been added, and which are lawfully              Pergola (Rapporteur) and P. Jann, Judges; F.G. Jacobs, Advocate
      manufactured in Member States which authorise the addition             General; H. von Holstein, Deputy Registrar, has given a
      of such fats, from being marketed in Italy under the name used         judgment on 9 January 2003, in which it has ruled: