Press and Information Division


9 December 2002

Judgment in Case C-491/01

British American Tobacco (Investments) Limited and Imperial Tobacco Limited v Secretary of State for Health

will be given tomorrow, 10 December at 9.30am

The accreditation is compulsory


The Court of Justice will give its judgment tomorrow, 10th December at 9.30am.

On 5 June 2001 the European Parliament and the Council adopted Directive 2001/37/EC on the manufacture, presentation and sale of tobacco products ("the Directive"). That directive was to be transposed into the national laws of the Member States by 30 September 2002 at the latest. The rules on the composition of cigarettes marketed within the Community are to enter into force on 1 January 2004. The ban on using descriptions such as "light" or "mild" on tobacco product packaging is to enter into force on 30 September 2003.

Two British tobacco product manufacturers, British American Tobacco Limited and Imperial Tobacco Limited, have challenged before the High Court of Justice (Administrative Court) the United Kingdom's obligation to transpose the directive into domestic law. That court has referred questions concerning the validity and interpretation of the directive to the Court of Justice for a preliminary ruling.

N.B. This is the second time that the Court has been called upon to give a ruling on a Community directive which is intended to discourage smoking. On 5 October 2000 the Court annulled the tobacco advertising directive in Case C-376/86 Germany v Parliament and Council [2000] ECR I-8419. See Press Release 72/00, .

A press release in every language will be available as soon as the judgment is delivered. The judgment will be available on our internet site at approximately 12 pm 

Please return the attached form in order to receive accreditation before Monday 9th December 2002 at 6 pm to the Press and Information Division of the Court of Justice -fax number: 00352 4303 2500.

Unofficial document for media use only; not binding on the Court of Justice.

Available in English, French and German. 

For further information please contact Isabelle Guibal.

Tel: (00 352) 4303 3355; Fax: (00 352) 4303 2731


Please note the following;

* the use of mobile phones or other loud electronic devices is not permitted during the hearing;

* the public is requested to remain quiet and seated throughout the hearing or ceremony;

* photography and filming are authorised only at the very beginning of the hearing (seating of the President and parties, delivery of judgments and reading of Opinions );

* the use of flash or supplementary lighting systems is not permitted;

* if numerous photographers and cameramen are interested, a .pool. may be arranged by the Press and Information Division;

* photographers and cameramen may not move around the hearing room in order to take photographs or to film;

* press are asked to use the Thomas More entrance, Boulevard Konrad Adenauer.



Accreditation to be returned before 6 pm, Monday 9 December 2002
by fax to: 00 352 4303 2500
Contact: Clara Biasia
Tel: 00 352 4303 3382



Press Agency / Organisation:


Contact number (Tel):


Number of persons:
Do you seek authorisation to photograph?
(Please delete as appropriate) Yes No
Do you seek authorisation to film?
(Please delete as appropriate) Yes No

In principle, your application will be accepted, unless you are otherwise informed by the Court.