Notice for the OJ

 

Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 6 December 2001, in the case of The Queen on the application of 1) British American Tobacco (Investments) Ltd, 2) Imperial Tobacco Ltd against Secretary of State for Health.

    (Case C-491/01)

Reference has been made to the Court of Justice of the European Communities by an order of the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) dated 6 December 2001, which was received at the Court Registry on 19 December 2001, for a preliminary ruling in the case of The Queen on the application of 1) British American Tobacco (Investments) Ltd, 2) Imperial Tobacco Ltd against Secretary of State for Health, on the following questions:

1.Is Directive 2001/37/EC¹ invalid, in whole or in part, by reason of:

        a.the inadequacy of Articles 95 and/or 133 EC as a legal basis;

        b.the use of Articles 95 and 133 EC as a dual legal basis;

        c.infringement of the principle of proportionality;

        d.infringement of Article 295 EC, the fundamental right to property and/or Article 20 of TRIPs;

        e.infringement of Article 253 EC and/or the duty to give reasons;

        f.infringement of the principle of subsidiarity;

        g.misuse of powers?

2.If it is valid, does Article 7 of Directive 2001/37/EC of the Parliament and Council apply only to tobacco products marketed within the European Community, or does it apply also to tobacco products packaged within the European Community for export to third countries?

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¹ - Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products - Commission statement (OJ L 194, 18/07/2001, p. 26).