CELEX: C2006/331/01
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-380/03: Judgment of the Court (Grand Chamber) of 12 December 2006 — Federal Republic of Germany v European Parliament and Council of the European Union (Action for annulment — Approximation of laws — Directive 2003/33/EC — Advertising and sponsorship in respect of tobacco products — Annulment of Articles 3 and 4 — Choice of legal basis — Articles 95 EC and 152 EC — Principle of proportionality)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/1
            
         Judgment of the Court (Grand Chamber) of 12 December 2006 — Federal Republic of Germany v European Parliament and Council of the European Union
   (Case C-380/03) (1)
   
   (Action for annulment - Approximation of laws - Directive 2003/33/EC - Advertising and sponsorship in respect of tobacco products - Annulment of Articles 3 and 4 - Choice of legal basis - Articles 95 EC and 152 EC - Principle of proportionality)
   (2006/C 331/01)
   Language of the case: German
   Parties
   
      Applicant: Federal Republic of Germany (represented by: M. Lumma, W.-D. Plessing and C.-D. Quassowski, acting as Agents, and J. Sedemund, Rechtsanwalt)
   
      Defendants: European Parliament (represented by: R. Passos, E. Waldherr and U. Rösslein, acting as Agents), Council of the European Union (represented by: E. Karlsson and J.-P. Hix, acting as Agents)
   
      Interveners in support of the defendants: Kingdom of Spain (represented by: L. Fraguas Gadea and M. Rodríguez Cárcamo, acting as Agents), Republic of Finland (represented by: A. Guimaraes-Purokoski and E. Bygglin, acting as Agents), French Republic (represented by: G. de Bergues and R. Loosli-Surrans, acting as Agents), Commission of the European Communities (represented by: M.-J. Jonczy, L. Pignataro-Nolin and F. Hoffmeister, acting as Agents)
   Re:
   Annulment of Articles 3 and 4 of Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ 2003 L 152, p. 16) — Legal basis (Article 95 EC) — Attainment of the objective of the establishment of the internal market by prohibition of that activity — Scope of the prohibition on any harmonisation of the laws and regulations of the Member States for the purposes of protecting human health (Article 152 EC)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Federal Republic of Germany to pay the costs;
            
         
               3.
            
            
               Orders the Kingdom of Spain, the French Republic, the Republic of Finland and the Commission of the European Communities each to bear their own costs.
            
         
      (1)  OJ C 275, 15.11.2003.