CELEX: C2002/056/12
Language: en
Date: 2002-03-02 00:00:00
Title: Case C-491/01: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 6 December 2001, in the case of The Queen on the application of 1) British American Tobacco (Investments) Ltd, 2) Imperial Tobacco Ltd against Secretary of State for Health

C 56/6                   EN                    Official Journal of the European Communities                                         2.3.2002
The Commission claims that the Court should:                              1.    Is Directive 2001/37/EC (1) invalid, in whole or in part,
                                                                                by reason of:
1.    declare that by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with                    a.      the inadequacy of Articles 95 and/or 133 EC as a
      Council Directive 98/76/EC (1) of 1 October 1998                                  legal basis;
      amending Directive 96/26/EC (2) on admission to the
      occupation of road haulage operator and road passenger
      transport operator and mutual recognition of diplomas,                    b.      the use of Articles 95 and 133 EC as a dual legal
      certificates and other evidence of formal qualifications                          basis;
      intended to facilitate for these operators the right to
      freedom of establishment in national and international                    c.      infringement of the principle of proportionality;
      transport operations the Kingdom of Sweden has failed
      to fulfil its obligations under that directive.
                                                                                d.      infringement of Article 295 EC, the fundamental
2.    order the Kingdom of Sweden to pay the costs of the                               right to property and/or Article 20 of TRIPs;
      proceedings.
                                                                                e.      infringement of Article 253 EC and/or the duty to
                                                                                        give reasons;
Pleas in law and main arguments                                                 f.      infringement of the principle of subsidiarity;
Under the binding provisions of Articles 10 and 249 EC                          g.      misuse of powers?
the Member States must take all appropriate measures to
implement directives in national law within the prescribed                2.    If it is valid, does Article 7 of Directive 2001/37/EC of the
period. The period prescribed in Article 2(1) of Directive                      Parliament and Council apply only to tobacco products
98/76/EC ended on 1 October 1999 without the Kingdom                            marketed within the European Community, or does it
of Sweden having adopted the necessary laws and other                           apply also to tobacco products packaged within the
provisions.                                                                     European Community for export to third countries?
(1) OJ L 277, 14.10.1998, p. 17.
(2) OJ L 124, 23.5.1996, p. 1.                                            (1) Directive 2001/37/EC of the European Parliament and of the
                                                                              Council of 5 June 2001 on the approximation of the laws,
                                                                              regulations and administrative provisions of the Member States
                                                                              concerning the manufacture, presentation and sale of tobacco
                                                                              products — Commission statement (OJ L 194, 18/07/2001,
                                                                              p. 26).
Reference for a preliminary ruling by the High Court
of Justice (England & Wales), Queen’s Bench Division
(Administrative Court), by order of that court dated
6 December 2001, in the case of The Queen on the
application of 1) British American Tobacco (Investments)
Ltd, 2) Imperial Tobacco Ltd against Secretary of State for
                                Health                                    Reference for a preliminary ruling by the Verwaltungsge-
                                                                          richt Stuttgart by order of that court of 4 December 2001
                                                                          in the case of Raffaele Oliveri against Land Baden-
                           (Case C-491/01)                                                             Württemberg
                            (2002/C 56/12)                                                           (Case C-493/01)
                                                                                                      (2002/C 56/13)
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England & Wales), Queen’s Bench Division (Adminis-
trative Court) dated 6 December 2001, which was received at               Reference has been made to the Court of Justice of the
the Court Registry on 19 December 2001, for a preliminary                 European Communities by order of the Verwaltungsgericht
ruling in the case of The Queen on the application of 1) British          Stuttgart (Stuttgart Administrative Court) of 4 December 2001,
American Tobacco (Investments) Ltd, 2) Imperial Tobacco                   received at the Court Registry on 19 December 2001, for a
Ltd against Secretary of State for Health, on the following               preliminary ruling in the case of Raffaele Oliveri against Land
questions:                                                                Baden-Württemberg on the following questions: