CELEX: C2000/355/04
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court of 5 October 2000 in Case C-74/99 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Crown Office)): The Queen v Secretary of State for Health and Others (Directive 98/43/EC — Advertising and sponsorship of tobacco products — Validity)

9.12.2000              EN                     Official Journal of the European Communities                                            C 355/3
                 JUDGMENT OF THE COURT                                                    JUDGMENT OF THE COURT
                                                                                                  (Sixth Chamber)
                       of 5 October 2000
                                                                                                of 12 October 2000
in Case C-74/99 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s                  in Case C-314/98 (reference for a preliminary ruling
Bench Division (Crown Office)): The Queen v Secretary                    from the Nederlandse Raad van State (the Netherlands)):
               of State for Health and Others (1)                        Snellers Auto’s BV v Algemeen Directeur van de Dienst
                                                                                                    Wegverkeer (1)
(Directive 98/43/EC — Advertising and sponsorship of
                  tobacco products — Validity)                           (First authorisation of a vehicle for use on the public highway
                                                                         — Determination of the date — Technical standards and
                                                                         regulations — Article 30 of the EC Treaty (now, after
                        (2000/C 355/04)                                                     amendment, Article 28 EC))
                                                                                                   (2000/C 355/05)
                   (Language of the case: English)
                                                                                             (Language of the case: Dutch)
In Case C-74/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the High Court of
Justice of England and Wales, Queen’s Bench Division (Crown              (Provisional translation; the definitive translation will be published
Office), United Kingdom, for a preliminary ruling in the                                    in the European Court Reports)
proceedings pending before that court between The Queen
and Secretary of State for Health and Others, ex parte: Imperial         In Case C-314/98: reference to the Court under Article 177 of
Tobacco Ltd and Others — on the interpretation on the                    the EC Treaty (now Article 234 EC) from the Nederlandse
validity of Directive 98/43/EC of the European Parliament and            Raad van State (Council of State, the Netherlands) for a
of the Council of 6 July 1998 on the approximation of the                preliminary ruling in the proceedings pending before that
laws, regulations and administrative provisions of the Member            court between Snellers Auto’s BV and Algemeen Directeur van
States relating to the advertising and sponsorship of tobacco            de Dienst Wegverkeer — on the interpretation of Council
products (OJ 1998 L 213, p. 9) — the Court, composed of:                 Directive 83/189/EEC of 28 March 1983 laying down a
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida            procedure for the provision of information in the field of
(Rapporteur), D.A.O. Edward, L. Sevón and R. Schintgen                  technical standards and regulations (OJ 1983 L 109, p. 8), as
(Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann, A. La              amended by Council Directive 88/182/EEC of 22 March 1988
Pergola, J.-P. Puissochet, P. Jann, H. Ragnemalm, M. Wathelet            (OJ 1988 L 81, p. 75) and by Directive 94/10/EC of the
and F. Macken, Judges; N. Fennelly, Advocate General; H. von             European Parliament and the Council of 23 March 1994
Holstein, Deputy Registrar, and L. Hewlett, Administrator, for           materially amending for the second time Directive 83/189 (OJ
the Registrar, has given a judgment on 5 October 2000, in                1994 L 100, p. 30), and of Articles 30 and 36 of the EC Treaty
which it has ruled:                                                      (now, after amendment, Articles 28 EC and 30 EC) — the Court
                                                                         (Sixth Chamber), composed of: C. Gulmann (Rapporteur),
                                                                         President of the Chamber, J.-P. Puissochet and F. Macken,
                                                                         Judges; P. Léger, Advocate General; H.A. Rühl, Principal
Since Directive 98/43/EC of the European Parliament and of the
                                                                         Administrator, for the Registrar, has given a judgment on
Council of 6 July 1998 on the approximation of the laws, regulations
                                                                         12 October 2000, in which it has ruled:
and administrative provisions of the Member States relating to the
advertising and sponsorship of tobacco products has been annulled
by the judgment delivered today in Case C-376/98 Germany v               1.    For the purposes of determining whether national rules, such as
Parliament and Council, there is no need to give a ruling on the               the Regeling houdende vaststelling van regels omtrent de wijze
question submitted.                                                            waarop de datum van eerste toelating tot de openbare weg op
                                                                               het kentekenbewijs, dan wel het registratiebewijs van een
                                                                               voertuig wordt bepaald, adopted on 9 December 1994,
                                                                               constitute a technical regulation covered by the obligation
                                                                               to notify the Commission laid down in Council Directive
                                                                               83/189/EEC of 28 March 1983 laying down a procedure for
(1) OJ C 136 of 15.5.1999.
                                                                               the provision of information in the field of technical standards
                                                                               and regulations, as amended by Council Directive 88/182/EEC
                                                                               of 22 March 1988, the subsequent amendments introduced by
                                                                               Directive 94/10/EC of the European Parliament and the
                                                                               Council of 23 March 1994 materially amending for the second
                                                                               time Directive 83/189 should not be taken into consideration.