CELEX: C2002/109/20
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Third Chamber) 19 February 2002 in Case C-366/00: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Incomplete transposition of Directive 97/11/EC)

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