CELEX: C2000/335/39
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 5 October 2000 in Case C-376/98: Federal Republic of Germany v European Parliament and Council of the European Union (Directive 98/43/EC — Advertising and sponsorship of tobacco products — Legal basis — Article 100a of the EC Treaty (now, after amendment, Article 95 EC))

25.11.2000               EN                      Official Journal of the European Communities                                           C 335/21
      —     did not communicate all the information required by             M. Wathelet and V. Skouris (Rapporteur), Judges; F.G. Jacobs,
            Annex XII to Directive 93/38 as regards the six calls for       Advocate General; D. Louterman-Hubeau, Principal Adminis-
            competition published in the Official Journal of the            trator, for the Registrar, has given a judgment on 5 October
            European Communities,                                           2000, in which it:
      —     did not communicate to the Commission the information           1.     Dismisses the application;
            required regarding the award of all the contracts comprised
            in that work above the threshold laid down in Article           2.     Orders the Commission of the European Communities to pay
            14(10), second subparagraph, last sentence, of Directive               the costs.
            93/38,
      the French Republic has failed to fulfil its obligations under        (1) OJ C 340 of 7.11.1998.
      Articles 4(2) and 14(1), (10) and (13) together with Articles
      21(1) and (5), 24(1) and (2) and 25(5) of that directive;
2.    Dismisses the remainder of the application;
3.    Orders the Commission of the European Communities and the
      French Republic to bear their own costs.
                                                                                              JUDGMENT OF THE COURT
(1) OJ C 94 of 28.3.1998.
                                                                                                     of 5 October 2000
                                                                            in Case C-376/98: Federal Republic of Germany v Euro-
                                                                              pean Parliament and Council of the European Union (1)
                                                                            (Directive 98/43/EC — Advertising and sponsorship of
                 JUDGMENT OF THE COURT                                      tobacco products — Legal basis — Article 100a of the EC
                                                                                     Treaty (now, after amendment, Article 95 EC))
                          of 5 October 2000
                                                                                                       (2000/C 335/39)
in Case C-337/98: Commission of the European Communi-
                      ties v French Republic (1)
                                                                                               (Language of the case: German)
(Failure to fulfil obligations — Public procurement contracts
in the transport sector — Directive 93/38/EEC — Applica-
bility ratione temporis — Rennes urban district light railway               (Provisional translation; the definitive translation will be published
project — Contract awarded by negotiated procedure without                                      in the European Court Reports)
                   a prior call for competition)
                                                                            In Case C-376/98: Federal Republic of Germany (Agents:
                           (2000/C 335/38)                                  C.-D. Quassowski assisted by J. Sedemund) v European Parlia-
                                                                            ment (Agents: C. Pennera and N. Lorenz) and Council of the
                                                                            European Union (Agents: R. Gosalbo Bono, A. Feeney and
                     (Language of the case: French)                         S. Marquardt) supported by French Republic (Agents: initially
                                                                            J.-F. Dobelle and R. Loosli-Surrans, and then K. Rispal-Bellanger
                                                                            and R. Loosli-Surrans) and by Republic of Finland, (Agents:
(Provisional translation; the definitive translation will be published      H. Rotkirch and T. Pynnä) and by United Kingdom of Great
                    in the European Court Reports)                          Britain and Northern Ireland (Agents: M. Ewing and N. Paines)
                                                                            and by Commission of the European Communities (Agents:
In Case C-337/98: Commission of the European Communities                    I. Martı́nez del Peral and U. Wölker) — application for the
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                     annulment of Directive 98/43/EC of the European Parliament
Bellanger and A. Viéville-Bréville ) — application for a                    and of the Council of 6 July 1998 on the approximation of
declaration that, by its decision of 22 November 1996 to                    the laws, regulations and administrative provisions of the
award the turnkey contract for the Rennes urban district light              Member States relating to the advertising and sponsorship of
railway project to Matra-Transport, the French Republic has                 tobacco products (OJ 1998 L 213, p. 9) — the Court,
failed to fulfil its obligations under Council Directive                    composed of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho
93/38/EEC of 14 June 1993 coordinating the procurement                      de Almeida (Rapporteur), D.A.O. Edward, L. Sevón and
procedures of entities operating in the water, energy, transport            R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn,
and telecommunications sectors (OJ 1993 L 199, p. 84), and                  C. Gulmann, A. La Pergola, J.-P. Puissochet, P. Jann,
Articles 4(2) and 20(2)(c) thereof in particular — the Court,               H. Ragnemalm, M. Wathelet and F. Macken, Judges; N. Fennelly,
composed of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho             Advocate General; H. von Holstein, Deputy Registrar, and
de Almeida and L. Sevón (Presidents of Chambers),                          L. Hewlett, Administrator, for the Registrar, has given a
P.J.G. Kapteyn, J.-P. Puissochet, P. Jann, H. Ragnemalm,                    judgment on 5 October, in which it:
 ---pagebreak--- C 335/22                 EN                     Official Journal of the European Communities                                        25.11.2000
1.    Annuls Directive 98/43/EC of the European Parliament and             Council Directive 75/106/EEC of 19 December 1974 on the
      of the Council of 6 July 1998 on the approximation of the            approximation of the laws of the Member States relating to the
      laws, regulations and administrative provisions of the Member        making-up by volume of certain pre-packaged liquids, amended by
      States relating to the advertising and sponsorship of tobacco        Council Directive 79/1005/EEC of 23 November 1979, Council
      products;                                                            Directive 85/10/EEC of 18 December 1984, Council Directive
                                                                           88/316/EEC of 7 June 1988 and Council Directive 89/676/EEC
2.    Orders the European Parliament and the Council of the                of 21 December 1989, must be construed as not allowing Member
      European Union to pay the costs, and the French Republic, the        States to prohibit, by means of legislation such as the Belgian Royal
      Republic of Finland, the United Kingdom of Great Britain             Decree of 16 February 1982 relating to the ranges of nominal
      and Northern Ireland and the Commission of the European              quantities and nominal volumes of contents authorised for certain
      Communities to bear their own costs.                                 prepackaged products, the marketing of any prepackage having a
                                                                           nominal volume which is not mentioned in Annex III, column I, to
(1) OJ C 378 of 5.12.1998.                                                 that directive.
                                                                           Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
                                                                           must be construed as precluding a Member State from prohibiting
                                                                           the marketing of a prepackage having a nominal volume not included
                                                                           in the Community range, which is lawfully manufactured and
                                                                           marketed in another Member State, unless such a prohibition is
                 JUDGMENT OF THE COURT                                     designed to meet an overriding requirement relating to consumer
                                                                           protection, applies without distinction to national and imported
                          (Sixth Chamber)                                  products alike, is necessary in order to meet the requirement in
                                                                           question and is proportionate to the objective pursued, and that
                        of 12 October 2000                                 objective cannot be achieved by measures which are less restrictive of
                                                                           intra-Community trade.
in Case C-3/99 (reference for a preliminary ruling from
the Tribunal de Commerce de Bruxelles): Cidrerie Ruwet                     (1) OJ C 71 of 13.3.1999.
        SA v Cidre Stassen SA and HP Bulmer Ltd (1)
(Free movement of goods — Directive 75/106/EEC — Partial
harmonisation — Prepackaged liquids —Making-up by
volume — Cider — Prohibition by a Member State of
       nominal volumes not mentioned by the directive)
                           (2000/C 335/40)                                                      ORDER OF THE COURT
                                                                                                      of 28 June 2000
                     (Language of the case: French)
                                                                           in Case C-116/00 (reference for a preliminary ruling from
(Provisional translation; the definitive translation will be published     the Cour d’Appel, Paris): criminal proceedings against
                    in the European Court Reports)                                                Claude Laguillaumie (1)
In Case C-3/99: reference to the Court under Article 177 of                             (Preliminary rulings — Inadmissibility)
the EC Treaty (now Article 234 EC) from the Tribunal de
Commerce (Commercial Court), Brussels for a preliminary
ruling in the proceedings pending before that court between                                           (2000/C 335/41)
Cidrerie Ruwet SA and Cidre Stassen SA, HP Bulmer Ltd — on
the interpretation of Article 30 of the EC Treaty (now,
after amendment, Article 28 EC), and on the validity and                                        (Language of the case: French)
interpretation of Council Directive 75/106/EEC of 19 Decem-
ber 1974 on the approximation of the laws of the Member
States relating to the making-up by volume of certain prepack-             (Provisional translation; the definitive translation will be published
aged liquids (OJ 1975 L 42, p. 1), amended by Council                                          in the European Court Reports)
Directive 79/1005/EEC of 23 November 1979 (OJ 1979
L 308, p. 25), Council Directive 85/10/EEC of 18 December                  In Case C-116/00: reference to the Court under Article 234 EC
1984 (OJ 1985 L 4, p. 20), Council Directive 88/316/EEC of                 from the Cour d’appel (Court of Appeal), Paris, for a prelimi-
7 June 1988 (OJ 1988 L 143, p. 26) and Council Directive                   nary ruling in the criminal proceedings pending before that
89/676/EEC of 21 December 1989 (OJ 1989 L 398, p. 18)                      court against Claude Laguillaumie — on the interpretation of
— the Court (Sixth Chamber), composed of: C. Gulmann                       Articles 30 and 36 (now Articles 28 and 30 EC), Articles 85
(Rapporteur), President of the Chamber, J.-P. Puissochet and               and 86 (now Articles 81 and 82 EC) of the EC Treaty, Council
R. Schintgen, Judges, N. Fennelly, Advocate General; D. Louter-            Directive 83/189/EEC of 28 March 1983 laying down a
man-Hubeau, Principal Administrator, for the Registrar, has                procedure for the provision of information in the field of
given a judgment on 12 October 2000, in which it has ruled:                technical standards and regulations (OJ L 109, p. 8), Council