CELEX: C2002/003/16
Language: en
Date: 2002-01-05 00:00:00
Title: Order of the Court (Fourth Chamber) of 18 October 2001 in Case C-241/00 P: Kish Glass Co. Ltd v Commission of the European Communities and Pilkington United Kingdom Ltd (Appeal — Competition — Dominant position — Market in float glass — Rights of the complainant — Appeal manifestly unfounded)

C 3/12                 EN                     Official Journal of the European Communities                                       5.1.2002
                   ORDER OF THE COURT                                    Reference for a preliminary ruling by the Unabhängiger
                                                                         Verwaltungssenat of the Land Vorarlberg by orders of
                                                                         4 September 2001, 10 September 2001 and 11 September
                                                                         2001 in the appeals brought by Kurt Beck, Christian Kröll
                       (Fourth Chamber)                                                        and Manfred Laaber
                      of 18 October 2001                                           (Cases C-339/01, C-343/01 and C-357/01)
in Case C-241/00 P: Kish Glass Co. Ltd v Commission                                               (2002/C 3/17)
of the European Communities and Pilkington United
                         Kingdom Ltd (1)
(Appeal — Competition — Dominant position — Market in
float glass — Rights of the complainant — Appeal mani-                   Reference has been made to the Court of Justice of the
                        festly unfounded)                                European Communities by orders of 4 September 2001,
                                                                         10 September 2001 and 11 September 2001 by the Unabhän-
                                                                         giger Verwaltungssenat of the Land Vorarlberg (Independent
                                                                         Administrative Chamber of the Land Vorarlberg), which were
                          (2002/C 3/16)                                  received at the Court Registry on 10 September 2001
                                                                         (C-339/01), 12 September 2001 (C-343/01) and on 20 Sep-
                                                                         tember 2001 (C-357/01), for a preliminary ruling in the
                  (Language of the case: English)                        appeals brought by Kurt Beck, Christian Kröll and Manfred
                                                                         Laaber on the following questions:
                                                                         1.   Does Article 2(1)(b) of Council Directive 79/112/EEC (1)
                                                                              of 18 December 1978 on the approximation of the
                                                                              laws of the Member States relating to the labelling,
In Case C-241/00 P: Kish Glass Co. Ltd, established in Dublin                 presentation and advertising of foodstuffs for sale to
(Ireland), represented by P. Watson BL and M. Byrne, Solicitor,               the ultimate consumer (now consolidated in European
appeal against the judgment of the Court of First Instance of                 Parliament and Council Directive 2000/13/EC of
the European Communities (Fourth Chamber) in Case T-65/96                     20 March 2000, OJ 2000 L 109, p. 29; hereinafter
Kish Glass v Commission [2000] ECR II-1885 seeking to have                    ‘the labelling Directive’), under which — subject to
that judgment set aside and the forms of order sought by the                  Community provisions applicable to natural mineral
applicant at first instance granted, the other parties to the                 waters and to foodstuffs for particular nutritional uses,
proceedings being: Commission of the European Communities                     the labelling and methods used may not attribute to any
(Agent: R. Lyal, assisted and by N. Khan) and Pilkington United               foodstuff the property of preventing, treating or curing a
Kingdom Ltd, established in Saint Helens, Merseyside (United                  human disease, or suggest that it possesses such proper-
Kingdom), represented by J. Kallaugher — the Court (Fourth                    ties, preclude national legislation which makes it an
Chamber), composed of: S. von Bahr, President of the Chamb-                   offence when marketing foodstuffs:
er, A. La Pergola and C.W.A. Timmermans (Rapporteur),
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has
given an order on 18 October 2001, in which it:                               (a)   to refer to physiological or pharmacological effects,
                                                                                    in particular those which preserve youthfulness,
                                                                                    inhibit signs of ageing, promote slimming or main-
                                                                                    tain health, or to create the impression of any such
1.    Dismisses the appeal;                                                         effect;
2.    Orders Kish Glass Co. Ltd to pay the costs.                             (b) to refer to case histories, recommendations made by
                                                                                    doctors or medical experts’ reports;
(1) OJ C 247 of 26.8.2000.                                                    (c)   to use health-related, pictorial or stylised represen-
                                                                                    tations of organs of the human body, pictures
                                                                                    of members of the health-care professions or of
                                                                                    sanatoria or other pictures or illustrations referring
                                                                                    to health-care activities?