CELEX: C2003/112/08
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 March 2003 in Case C-229/01 (Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich): Susanne Müller (Directive 2000/13/EC — Labelling and presentation of foodstuffs — Date of minimum durability — Article 18)

10.5.2003                EN                           Official Journal of the European Union                                               C 112/5
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                            (Second Chamber)
                          of 13 March 2003
                                                                                                       of 13 March 2003
in Case C-229/01 (Reference for a preliminary ruling from
the Unabhängiger Verwaltungssenat im Land Niederöster-                        in Case C-333/01: Commission of the European Communi-
                     reich): Susanne Müller ( 1)                                                 ties v Kingdom of Spain (1)
(Directive 2000/13/EC — Labelling and presentation of                         (Failure by a Member State to fulfil its obligations —
   foodstuffs — Date of minimum durability — Article 18)                      Directive 98/81/EC — Failure to transpose within the
                                                                                                       prescribed period)
                           (2003/C 112/08)
                                                                                                        (2003/C 112/09)
                   (Language of the case: German)
                                                                                                 (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-229/01: Reference to the Court under Article 234
EC by the Unabhängiger Verwaltungssenat im Land Niederös-
terreich (Austria) for a preliminary ruling in the proceedings
before that court against Susanne Müller, on the interpretation               In Case C-333/01, Commission of the European Communities
of Council Directive 79/112/EEC of 18 December 1978 on                        (Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Diáz
the approximation of the laws of the Member States relating                   Abdad): Application for a declaration that, by failing to adopt,
to the labelling, presentation and advertising of foodstuffs for              or to notify to the Commission, the laws, regulations and
sale to the ultimate consumer (OJ 1979 L 33, p. 1) and                        administrative provisions necessary to comply with Council
Directive 2000/13/EC of the European Parliament and of the                    Directive 98/81/EC of 26 October 1998 amending Directive
Council of 20 March 2000 on the approximation of the laws                     90/219/EEC on the contained use of genetically modified
of the Member States relating to the labelling, presentation and              micro-organisms (OJ 1998 L 330, p. 13), the Kingdom of
advertising of foodstuffs (OJ 2000 L 109, p. 29), the Court                   Spain has failed to fulfil its obligations under that directive, the
(Fifth Chamber), composed of: M. Wathelet, President of the                   Court (Second Chamber), composed of: R. Schintgen, President
Chamber, D.A.O. Edward, P. Jann, S. von Bahr (Rapporteur)                     of the Chamber, V. Skouris and N. Colneric (Rapporteur),
and A. Rosas, Judges; A. Tizzano, Advocate General; R. Grass,                 Judges; P. Léger, Advocate General; R. Grass, Registrar, has
Registrar, has given a judgment on 13 March 2003, in which                    given a judgment on 13 March 2003, in which it:
it has ruled:
                                                                              1.    Declares that, by failing to adopt the laws, regulations and
Directive 2000/13/EC of the European Parliament and of the                          administrative provisions necessary to comply with Council
Council of 20 March 2000 on the approximation of the laws of the                    Directive 98/81/EC of 26 October 1998 amending Directive
Member States relating to the labelling, presentation and advertising               90/219/EEC on the contained use of genetically modified
of foodstuffs does not preclude a national rule which provides that,                micro-organisms, the Kingdom of Spain has failed to fulfil its
where the period of minimum durability of a foodstuff expired, that                 obligations under that directive;
fact must be indicated separately, clearly and in a generally intelligible
manner. Such a rule is a non-harmonised national provision justified
on the ground of prevention of fraud as provided for in Article 18(2)         2.    Orders the Kingdom of Spain to pay the costs.
of the directive.
                                                                              (1 ) OJ C 317 of 10.11.2001.
( 1) OJ C 245 of 1.9.2001.