«(Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Articles 95 EC and 133 EC – Interpretation – Applicability to tobacco products packaged in the Community and intended for export to non-member countries)»
JUDGMENT OF THE COURT10 December 2002 (1)
((Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Articles 95 EC and 133 EC – Interpretation – Applicability to tobacco products manufactured in the Community and intended for export to non-member countries))
and
THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd, represented by D. Wyatt and D. Anderson, and by J. Stratford; of Japan Tobacco Inc. and JT International SA, represented by O.W. Brouwer and N.P. Lomas; of the United Kingdom Government, represented by J.E. Collins, acting as Agent, and N. Paine and T. Ward; of the Belgian Government, represented by G. Vandersanden; of the German Government, represented by M. Lumma, acting as Agent, assisted by J. Sedemund; of the Greek Government, represented by V. Kontolaimos and S. Charitakis; of the French Government, represented by R. Loosli-Surrans; of the Irish Government, represented by J. Buttimore BL; of the Italian Government, represented by O. Fiumara; of the Luxembourg Government, represented by N. Mackel, acting as Agent, assisted by P. Kinsch; of the Netherlands Government, represented by J. van Bakel, acting as Agent; of the Finnish Government, represented by E. Bygglin; of the Parliament, represented by C. Pennera and M. Moore; of the Council, represented by E. Karlsson and J.-P. Hix, and of the Commission, represented by I. Martinez del Peral and K. Fitch, at the hearing on 2 July 2002,
after hearing the Opinion of the Advocate General at the sitting on 10 September 2002,
gives the following
On those grounds,
THE COURT,
Rodríguez Iglesias
Puissochet
Wathelet
Schintgen
Timmermans
Edward
La Pergola
Jann
Skouris
Macken
Colneric
von Bahr
Cunha Rodrigues
R. Grass G.C. Rodríguez Iglesias
Registrar
President