Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

61998J0376 European Court reports 2000 Page I-08419 4
Judgment
Costs
119 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the
costs if they have been applied for in the successful party's pleadings. Since the Federal Republic of
Germany has applied for costs to be awarded against the Parliament and the Council, and the latter have
been unsuccessful, they must be ordered to pay the costs. The French Republic, the Republic of Finland,
the United Kingdom and the Commission must bear their own costs pursuant to Article 69(4) of the Rules
of Procedure.
On those grounds,
THE COURT
hereby:
1. Annuls Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the
approximation of the laws, regulations and administrative provisions of the Member States relating to the
advertising and sponsorship of tobacco products;
2. Orders the European Parliament and the Council of the European Union to pay the costs, and the
French Republic, the Republic of Finland, the United Kingdom of Great Britain and Northern Ireland and
the Commission of the European Communities to bear their own costs.
1 By application lodged at the Registry of the Court on 19 October 1998, the Federal Republic of
Germany brought an action under Article 173 of the EC Treaty (now, after amendment, Article 230 EC)
for the annulment of Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on
the approximation of the laws, regulations and administrative provisions of the Member States relating to
the advertising and sponsorship of tobacco products (OJ 1992 L 213, p. 9, hereinafter the Directive).
2 By orders of the President of the Court of 30 April 1999, the French Republic, the Republic of Finland,
the United Kingdom of Great Britain and Northern Ireland and the Commission of the European
Communities were granted leave to intervene in support of the European Parliament and the Council of the
European Union.
3 The Directive was adopted on the basis of Article 57(2) of the EC Treaty (now, after amendment,
Article 47(2) EC), Article 66 of the EC Treaty (now Article 55 EC) and Article 100a of the EC Treaty
(now, after amendment, Article 95 EC).
4 Article 2 of the Directive provides:
For the purposes of this Directive, the following definitions shall apply:
1. "tobacco products": all products intended to be smoked, sniffed, sucked or chewed inasmuch as they are
made, even partly, of tobacco;
2. "advertising": any form of commercial communication with the aim or the direct or indirect effect of
promoting a tobacco product, including advertising which, while not specifically mentioning the tobacco
product, tries to circumvent the advertising ban by using brand names, trade-marks, emblems or other
distinctive features of tobacco products;
3. "sponsorship": any public or private contribution to an event or activity with the aim or the direct or
indirect effect of promoting a tobacco product;
4. "tobacco sales outlet": any place where tobacco products are offered for sale.
© An extract from a JUSTIS database
257