CELEX: C2002/109/19
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) 27 February 2002 in Case C-302/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directives 95/59/EC and 92/79/EEC — Article 95 of the EC Treaty (now, after amendment, Article 90 EC) — Taxes affecting the consumption of manufactured tobaccos — Minimum reference price for all cigarettes of the same brand — Different rates of tax on dark-tobacco and light-tobacco cigarettes)

C 109/12                   EN                      Official Journal of the European Communities                                               4.5.2002
1.    Declares that, by requiring undertakings engaged in the                 1.    Declares that, by maintaining in force a tax applicable to
      provision of temporary labour which are established in other                  passengers embarking and disembarking in the ports of Genoa,
      Member States to maintain their registered office or a branch                 Naples and Trieste (Italy) when arriving from or travelling to
      office on Italian territory, and so lodge a guarantee of ITL                  ports in another Member State or a third country, but not in
      700 million with a credit institution having its registered office            the case of carriage between two ports located on Italian
      or a branch office on Italian territory, the Italian Republic has             territory, the Italian Republic has failed to fulfil its obligations
      failed to fulfil its obligations under Articles 49 EC and 56 EC.              under Article 1 of Council Regulation (EEC) No 4055/86 of
                                                                                    22 December 1986 applying the principle of freedom to
2.    Orders the Italian Republic to pay the costs.                                 provide services to maritime transport between Member States
                                                                                    and between Member States and third countries;
(1) OJ C 259 of 9.9.2000.
                                                                              2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 285 of 7.10.2000.
                  JUDGMENT OF THE COURT
                            (Third Chamber)
                            19 February 2002
                                                                                                 JUDGMENT OF THE COURT
in Case C-295/00: Commission of the European Communi-
                       ties v Italian Republic (1)
                                                                                                          (Fifth Chamber)
(Failure by a Member State to fulfil its obligations —
Infringement of Article 1 of Regulation (EEC) No 4055/86
— Disembarkation/embarkation tax payable by passengers                                                   27 February 2002
— Tax not applicable to passengers travelling between ports
                           on Italian territory)
                                                                              in Case C-302/00: Commission of the European Communi-
                                                                                                     ties v French Republic (1)
                             (2002/C 109/18)
                      (Language of the case: Italian)                         (Failure by a Member State to fulfil its obligations —
                                                                              Directives 95/59/EC and 92/79/EEC — Article 95 of the EC
                                                                              Treaty (now, after amendment, Article 90 EC) — Taxes
(Provisional translation; the definitive translation will be published
                                                                              affecting the consumption of manufactured tobaccos —
                     in the European Court Reports)
                                                                              Minimum reference price for all cigarettes of the same brand
                                                                              — Different rates of tax on dark-tobacco and light-tobacco
                                                                                                              cigarettes)
In Case C-295/00, Commission of the European Communities
(agents: E. Traversa and B. Mongin) v Italian Republic (agent:
U. Leanza, assisted by G. De Bellis): Application for a                                                   (2002/C 109/19)
declaration that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to                                      (Language of the case: French)
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations          (Provisional translation; the definitive translation will be published
under Article 1 of Council Regulation (EEC) No 4055/86 of                                          in the European Court Reports)
22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member States
and between Member States and third countries (OJ 1986
L 378, p. 1), the Court (Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann and                           In Case C-302/00, Commission of the European Communities
J.-P. Puissochet (Rapporteur), Judges; S. Alber, Advocate Gen-                (Agents: E. Traversa and C. Giolito) v French Republic (Agents:
eral; R. Grass, Registrar, has given a judgment on 19 February                G. de Bergues and S. Seam): for a declaration that by
2002, in which it:                                                            maintaining in force:
 ---pagebreak--- 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